YAGT: Trying to collect on a loan...

[Jugernot]

Ok, so as some of you might remember I gave my exgf a loan of $3700 in Dec. 2002 for the downpayment for a house when we were going out. We agreed that it was a no interest loan that would be paid back over 25 months (25x$150 & 1x$100) via a auto deposit into my account each month...

We long story short, we broke up 2 months later and we haven't talked since... and she hasn't paid me a dime.

At first, I was willing to write it off, but recently changed my mind. She screwed me too many times for me to let her get away with this (literally and figuratively)... SOO, I've decided to write her a letter via certified mail (so I can prove she recieved it) telling her that i expect the payments to start at the beginning of July 2003. If she doesn't comply, I will bring her to small claims court.

I live in Alaska, which apparently has very strong laws about verbal contracts for loans, etc. so that shouldn't be a problem. Though I am going to be contacting the JAG office on base in a few minutes to get the exact details of those statutes.

Here is what I have so far:

June 9, 2003
Joseph XXXXX
123 Any st.
North Pole, AK 99705
USA

TO XXXX XXXXX XXXXXX:

On December 19, 2002, I agreed to loan you a sum of $3,700. This amount was then sent to you in the form of two payments types, a personal check for the amount of $1,700 and a Paypal electronic money transfer for $2000. Below are the payment details:

XXXXX XXXXX Credit Union
Check # XXXX
$1,700

Paypal, Inc.
Transaction ID# XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
$2,000

I was told, by you, that this money was to go toward a downpayment on a new home purchase. To that effect, I agreed to make it a no interest loan to be paid back on a monthly basis. This monthly payment wasn?t agreed to upon initial transfer of the money, but a rate of $150 per month was agreed upon shortly there after by both parties on approximately 01-10-03. This results in 24 payments of $150 and 1 payment of $100. You then told me that you wanted to pay back the money in as little time as possible and would start paying immediately. This did not occur.

It has been approximately 5 months since we initially made our verbal agreement to payments and I still haven?t received a single payment toward the loan. I can only assume that your mind is on other things with your new home purchase.

That being said, I would like for you to start the payments that we agreed upon earlier this year. One of the things we mentioned was an electronic transfer of the funds to be automatically deducted from your bank account every month and sent as an auto deposit into my account. I have included my bank routing number and account number below for your convenience to expedite this process.

XXXXXXXXXXXXX XXXXXXXXXX Credit Union
Routing #:
Account #:

I would like to see payments started by July 1, 2003. If this does not occur, I will be filing a small claim against you for the $3,700 in addition to any legal fees I incur.

Sincerely,


Joseph XXXXX
xxx Any St.
North Pole, AK 99705
USA
Phone: xxx-xxx-xxxx

This is my first draft is full of grammatical errors, but you get the gist of it.

What do you think? Anything glaring that I left out?

 

[theNEOone]

well how about you call her first.

 

[her209]

Small Claims Court

 

[HiTek21]

Originally posted by: her209
Small Claims Court

We'll see you on judge judy

 

[Angrymarshmello]

You might as well call her first - that draft isn't a legal document anyway. If she refuses to over the phone, hire yourself a lawyer and let him mess with it

 

[Wduaqnug]

Small Claims court the only way to, letters wont get you anywhere

 

[Jugernot]

Originally posted by: theNEOone
well how about you call her first.

Nope, I don't feel like getting cussed out and cried to about how her life has gone down the drain since I broke up with her. She is the Queen of guilt trips... and beleive me, she's got a nut loose somewhere in her head.

 

[theNEOone]

yah, by the way it seems as if she's trying to skip out on the loan. record your telephone converstation.

 

[Underground727]

Why the hell would you give a bitch almost 4 large? Are you stupid?

 

[Jugernot]

Originally posted by: Underground727
Why the hell would you give a bitch almost 4 large? Are you stupid?

Nope, it was disposable income... I don't really need it back, I'm doing this for the principal of the thing. AND to teach her a lesson.

 

Guns, then chloraform, then small claims court.

 

[BrunoPuntzJones]

Well, claim it as a non-bidness bad debt. She has to record the interest she saves by having 0% as income. Turn her into the Treasury dept

 

[BooGiMaN]

Originally posted by: Jugernot

Originally posted by: theNEOone
well how about you call her first.

... and beleive me, she's got a nut loose somewhere in her head.

well that could be from her head banging against the bedboard now couldnt it..so in essence its partially your fault

 

[Jugernot]

Originally posted by: BooGiMaN

Originally posted by: Jugernot

Originally posted by: theNEOone
well how about you call her first.

... and beleive me, she's got a nut loose somewhere in her head.

well that could be from her head banging against the bedboard now couldnt it..so in essence its partially your fault

Nope, it's been untightened for years.. I might have just been the extra WD40 that it needed to free itself.

 

[sandmanwake]

I wouldn't trust her with my account # and routing # if she really has a screw loose like you said. Why not open up another account with the minimum balance in it to keep from being charge a maintence fee and give her the number to that and after each deposit, remove the deposited amount?

 

[Jugernot]

Your routing # and account # are on every check you write, that would include the check I already wrote her for $2,000 of the money. There is no point is keeping it secret from her now...

 

[sandmanwake]

You mean you don't keep one account that has only the minimum balance on it that you use to write checks for bills and if you ever go through a break up with someone you don't get a new account? And you don't transfer your money to a new account once a year to be on the safe side?

It doesn't cost anything to open up a new account in most banks you know--just to be on the safe side. You never know when someone you thought you could trust would turn on you.

 

[gotsmack]

Didnj't SCSIfreak loan his gf's mom a load of money a while back?

What happened to him?

I'd never loan my family or friends for any amount over $500, unless they need it for bail or medical bills.

 

[Hayabusa Rider]

Do you have a written, signed agreement from her for this loan?

 

[Jugernot]

Originally posted by: sandmanwake
You mean you don't keep one account that has only the minimum balance on it that you use to write checks for bills and if you ever go through a break up with someone you don't get a new account? And you don't transfer your money to a new account once a year to be on the safe side?

I don't write checks... so no, I don't.

I've written exactly 5 checks out of this account in the last 9 years I've had it. They were all for large sums of money. I don't keep a large balance in it at any one time.

Do you have a written, signed agreement from her for this loan?

Nope, don't need it in the state of Alaska. Verbal agreements are just as concrete as written contracts. I'm going to the court house later today to get the exact statute.

 

[MercenaryForHire]

Originally posted by: Jugernot

Originally posted by: sandmanwakeDo you have a written, signed agreement from her for this loan?

Nope, don't need it in the state of Alaska. Verbal agreements are just as concrete as written contracts. I'm going to the court house later today to get the exact statute.

I hope you're prepared for her to lie like a cheap rug and deny the existence of the agreement. I'm having some asshole do that to me on a verbal contract as well. Unfortunately it's cheaper to let him believe the lie than to fight for the truth. /shrugs Karma'll come bite him in the ass one day. Maybe I'll go make a visit down there and tap his fiancee. I hear she's pretty easy.

Anyways, where was I ... oh yes. This is the psycho ex with the Taurus 357 and a history of violence, correct? Do not attempt to resolve this outside a court of law. If you have to drag her sorry ass to small claims, so be it.

- M4H

 

[Yax]

If its a loan, you'll win in small claims.

You need to send that letter (certified w/ return receipt). It needs to give her 30 days notice, then you can file in small claims. You can't sue her for any legal fees or consulation fees. You can request that the judge make her pay the small amount of money it costs to file once you win the case.

Ofcourse, you wouldn't be in this mess if you didn't loan her that money in the first place. Remember that if a bank won't loan that kind of money to someone, you shouldn't do it either since you're not a professional in that field when they are.

 

[Atlantean]

Call her first... but if she is gonna cry at you then just send her the letter.

 

[Hayabusa Rider]

The problem with verbal agreements is that they are worth the paper they are written on. You would have to have witnesses to the loan, and they would have to testify.

Me=judge

u= u


You say

Judge, this woman borrowed money.

Me

How do I know that?

You

Because I say so!

You= SOL, unless you can provide a witness, and it had better not be your brother or best friend. I do wish you the best, but this may not be easy.

 

[dirtboy]

You may have trouble collecting on this. Anytime I lend anyone money, I always write them a personal check and write the word "loan" in the memo field. That way if they don't pay me back, I can waltz into court and prove the intent was a loan.

Take her to court. Make sure you can document both amounts and all the transactions of the monies she repaid you. Hopefully the judge will see that your intent was a loan. They may or may not, because without anything in WRITING, it's your word against hers.

I hope you learned your lesson about lending people money. Don't be stupid by doing it again.