Legal Corner

Huh?
Bostonguy57 48 Reviews 3649 reads
posted
1 / 24

If she borrowed money and didn't pay it back all you have is a simple civil case-your word against hers.  Good luck when the judge gets around to asking you how you came to know the woman that you are suing.

Guys fall in love with providers and strippers all the time and lend them money.  If you are crazy enough to do it you should always think of it as a gift since you will most likely never see it again.  Chalk it up to a lesson learned and move on.  It's not worth the hassle and, by the way, even if the court finds in your favor you will probably never see the money.

GaGambler 3579 reads
posted
2 / 24

The guy got his wittle feelings hurt and now he wants payback.

The OP needs to grow up and get on with his life, suing her won't get her back, all it will do is open up not so old wounds.

We all have thoughts of revenge at times, especially when we are made to look foolish. The thing is, most of us don't act on those feelings as they are very unproductive, I would suggest to the OP that he takes the energy he would put into exacting his pound of flesh and spend that time and effortmore productively.

nowdowhat 4160 reads
posted
3 / 24

I am going to have to potentially take a provider to court for nonpayment of a loan.

I know awfully dumb but what can I say? Was not my fault she was so amazing??? hehe

My question is I got for background purposes court case numbers and was wondering if I went to the county courthouse can I as just joe public get any information by requesting it if I have court case numbers?

Can live without seeing her again which I never expected, can live without what I thought was a great friendship continuing but think I might have to do what I got to do to get my money back.

Just not exactly sure how much info I can get from having court case numbers.

Thanks, nowdowhat

nowdowhat 2189 reads
posted
4 / 24

Well this is the legal corner and getting scolded although I know it is all well meaning is not really what I am looking for.

If I had met this gal for a short while it would be one thing but it is a little more complicated.

I am unemployed happened after the loan was started and we were supposedly friends for  years. Regularly meeting weekly over that time.

So take your swipes if you think that is what will help me right now, I can take it but what I really need to know is I got case numbers and if I go to the courthouse what sort of info can I request if that is what I am going in there with?

I am doing a little research with my idle time and what I choose to do with that at a later date is still in question. Just remember to walk in my shoes, broke, unemployed, getting stiffed by my best friend so yeah I think it is understandable if at the moment my feelings are what you said, hurt.

Thanks, nowdowhat

Bostonguy57 48 Reviews 2417 reads
posted
5 / 24

But it is also an open forum. Remember, free advice is worth exactly what you pay for it.

Why don't you contact the local courthouse and ask these questions?

FWIW, I've never lent money to my best friend even though he asked twice. Why? Because I knew he couldn't afford to pay it back and I couldn't afford to lose it. I've been broke and unemployed. More than once. Yes, this is the legal board but it isn't the sympathy board.

TertiaryAdjunct4047n7358w 2485 reads
posted
6 / 24

It will all fall around whether or not he has a valid loan contract or not.

If she would agree that she owes the money in court then he will be entitled to judgment. Executing upon it will be difficult. Hell, getting her served in the first place may never happen.

To the OP. Go for it. All you have to loose is a little time and court costs. Just remember that the burden of proof will be on you to prove that a loan contract exists.

GaGambler 2600 reads
posted
7 / 24

attempting to use any criminal past she might have in your civil case will not only almost certainly rejected by the judge, but it will probably alienate the judge as much as it has me.

It will make you seem like a petty jilted lover who is trying to "get back at her". My advice is to drop it, and any thoughts you have at revenge. To quote an old saw, "the best revenge is living well".

One other thing to keep in mind. Even if you are successful in getting a judgement, prostitutes as usually "judgement proof". There are no wages to garnish, no bank accounts to levy, no property to lien. IOW, your chances of actually getting anything more than a misguided sense of satisfaction are slim.

Lecture over.

Get over her, and on with your life.

Now lecture is over. lol

mrfisher 115 Reviews 2950 reads
posted
8 / 24

and that's if you have signed notarized contract too because who's to say she will even have the money to pay you?

In any case, I'll make this offer to you:

If you do collect anthing, let me know. I have about a half dozen outstanding loans to various gals and I'll go halvsies with you on whatever you collect.

notime2lose4u 6 Reviews 2676 reads
posted
9 / 24

I can only tell you what I know, and the first question is do you have a contract? a loan agreement? a note saying that you're lending her money and she'll pay you back?

I'm sure you've done your research, but if it's under $3,000 (in most states) it's going to wind up in small claims. The burden of proof is going to be on you to establish there was a loan given and based on certain terms.

Without that, you really have no chances of winning or getting your money back. Without any type of payment terms established, she could walk in and say that she still has every intention of paying you back and the judge can agree with that.

It's an uphill battle, and first you're going to have to get her to show up in court. She can easily hire an attorney to make this drag out much longer than you want it to.

Bostonguy57 48 Reviews 2274 reads
posted
10 / 24

The saying is "knowledge is power".  There is a difference between knowledge and information.

I know you don't like my solution here but I will say it one more time. Move on! Nothing good will come from you pursuing a woman with whom you were involved in an illegal activity.

StephanieMitchell See my TER Reviews 3454 reads
posted
11 / 24

Do you know her whole legal name and address?

Legal_Beagle 2572 reads
posted
12 / 24

Here are a few answers....

You got some good advice and a scolding.

Lets get to the details,
Yes it is a civil case; criminal cases can only be brought by the district attorney. Even then to get damages you have to sue after the criminal court finds your oppressor guilty by bringing suit in a civil court. (i````

The court likes to see and often requires that you attempt a settlement, especially if this end up in small claims. Small claims is set up for people to settle cases without lawyers, a judge or city official will judge. You can take a case into a state muni court but the fees are higher and you may end up facing a real attorney. First suggestion is to send her a registered letter and ask for a settlement, tell her your economic problems and offer to settle for less or a monthly piece of what she owes you.Save the receipt that she must sign as this is evidence you tried to settle.

Now you want to investigate: What? If you have some idea that you can introduce evidence that this woman has criminal priors, forget it. They will not permit this to be introduced into evidence.

Now the danger of lending money, even to friends and family members is that they often take it and forget it. Lending money to an escort or prostitute is best thought of as a gift, they may let you take it out in trade but it is rare that they will pay you back, Why? Why is the sky blue? That just seems to be the way it works....

Evidence? If she did not sign a note or contract for a loan then you cannot prove you gave her the money. Often in a case like this, a person will answer your letter and admit that they cannot pay you back. This may or may not be admissible in court, if it is then that is your evidence. Offers to settle may not be introduced as evidence. If you paid her with a check you should have written loan on; it that works well as evidence.  If not then you are taking your chances, but since a lot of these cases go unanswered, i.e. the defendant ignores the call to court, in this case if the court believes you then it can issue a judgment against her. If she shows up and denies your claim you may be out of luck.

Sometimes you can use circumstantial evidence to bolster your case. For example, you always deposit your paycheck and this time you cashed or withdrew the amount you claim you lent her. Or a witness saw you give her the money. Or you told a friend about it that same day, this may or may not get into court. Small claims is more lenient when it comes to obeying strict rules of evidence.

Well, that is an introduction to what you can do. Remember a judgment is good for years but it is no guarantee of collection. If you know where she banks you can levy the judgment there. You can garnish her wages if she gets a job and seize property or a vehicle but there are limitations that protect the defendants from loss of work tools or a vehicle etc. if they use it to earn a living.`If she has a husband you may be able to levy against him but make sure to include his name when you fill out the documents, even as a John Doe.

My advice is to try to get a settlement or if she has a conscience maybe she will let you take it out in trade. Unless there is a lot of money involved save yourself the time and grief, you will not look good if the nature of your relationship comes out and it might. Be prepared also to being inaccurately portrayed as her pimp, which can have other unfortunate consequences. Lots of us have fallen for the plea of a “friend” and come to their rescue only to be shat upon when we extended out hand to be re-paid. Live and learn, or in your case Live, Love, and Learn!
`

-- Modified on 12/14/2010 9:57:45 AM

nowdowhat 3553 reads
posted
13 / 24

Thanks for the advice and even thanks for the scolding. I already knew I had made a mistake and I pretty much know the best thing to do is to just grin and take it. Learn the lesson.

It is just difficult right now with everything else going on.

I do know her real name and address, we were friends for years.

I do know the procedure of going to small claims court even if I win a judgement does not mean payment.

I would love to have a chance to discuss all this with her but part of the betrayl is she is not returning my emails.

Have been trying to hold off calling to give her time to think through what she is doing.

This would have been a whole lot easier if we had not known one another so long and if I had not grown to consider her one of my closest personal friends.

Just stings like the dickens still but will pass over time. I knew one day our time together as friends would pass, just did not expect it to happen like this.

Thanks again to everyone who gave input, scolders included, all you did was call a spade a spade so no hard feelings.

nowdowhat

nowdowhat 2797 reads
posted
14 / 24

Well since I did not clearly define the purpose of the information I was questioning about it leads to all kinds of assumptions. You know how those go, right? My bad.

The only reason I was thinking of looking at past criminal info was to verify the information I already have, not as part of what might happen.

Plus if I can verify info I might be able to get ahold of an address and if nothing else be able to get a letter delivered. I have heardf it said information is power so I am just spending a little of my idle time lining up the ducks.

After all lined up if I decide at that time to just let it all go then I will. Just not quite there yet so will still spend my time gathering admittedly useless info!! hehe

Hope the clarification helps. trust but verify, just trying to ask what kind of info might be in those records for verification purposes and nothing else.

Again thanks for all the helpful input and for all the other comments that are not really likely to help but maybe made the ones who made them feel something. Hey you can only give what you got and whatever info or opinions anyone gave that is what they had. Ok so be it.

nowdowhat

Legal_Beagle 2032 reads
posted
15 / 24

not to belabor the point but there are two possibilities here, either you totally misjudged the lady or she has gone heavily into drugs. When people don't seem to make sense, and you seem like an intelligent enough person not to have been so misled, then the explanation for illogical uncaring behavior usually means the object of your desire has acquired a heavy drug habit and when that happens the only concern is the next high while debts and friends and lovers are left behind....

nowdowhat 3227 reads
posted
16 / 24

Sincerely taken under advisement and appreciated.

JustAGal See my TER Reviews 2808 reads
posted
17 / 24

Especially if I were friends with them for years.  


Lina

shudaknownbetter 3627 reads
posted
18 / 24

Criminal Court cases might reveal what is going on with her...  prostitution cases, drug cases, eviction cases...   May be useful for deciding what course of action to take.
I suspect the money is all spent.  If she sells sexual favors to pay you back...  you derive benifit from her illegal activities...  Could be construed that you are exploiting her, you might become criminally liable...  at least some Vice Dick might like to make this case on you.  (Some Vice Dick might be swayed by her charms to think this way.)
This is a really painful lesson...  I've probably done worse.  
One ex-financee I'd paid to have insulation blown into the walls of her older home.  SHE actually offered to pay me back, but if she'd had the money I would not have been out $1500.  
The jury is still out on how much my ex-wife benifited from lieing so I'd marry her.  I'll be charitable and only value that at $50k / 5 years of my life wasted when I could have been with somebody nice.  
It still hurts.  But I don't think it is collectable.  She screwed you over she knows it.  But she's not going to make it right.  The emotional damage is worse than the money.  
Besides women, I've been screwed over by some & I will never have anything to do with them...  but that's it.
You've got to let it go.  Don't borrow money.  Don't loan money.  Choose your new friends wisely.  I meet a buddy for breakfast at the local eatery from time to time...  we take turns buying.  Sometimes, buddy is willing to buy out of turn but I can not allow it.  Because friends don't take advantage of friends.

skb

RoseMallowe See my TER Reviews 3122 reads
posted
19 / 24
RoseMallowe See my TER Reviews 2451 reads
posted
20 / 24

Shit, hit the wrong button...
But what I meant to say here:

50k/5 years of my life wasted when I could've been with someone nice, I know how that feels.

Takes some time to get past that kind of thing and get on with your life.

I empathize with the OP also...

justawondering 2945 reads
posted
21 / 24
justawondering 4970 reads
posted
22 / 24

Did you have a legal signed agreement stating repayment?  Or as others have said did you do it because of friendship or love for her without anything in writing???

If not in writing then you will not have a case.  It will be her word against yours.  And do you really want your dirty laundry brought out in court?  

You need to realize the mistake you made in giving her the money without a contract and that she will probably never repay you.  You need to start thinking with the big head not the little one.

Sorry for the loss but you probably knew better but didn't listen to your head instead of your heart.

downtrocker 29 Reviews 2928 reads
posted
23 / 24

There is another thing..what if the LE turns it around and said it was financial support for a prostitute.. That my friend is promotion...Best leave it alone...the law always takes the womans side of things and she could go to court and accuse you of all sorts of things....Hobbying 101 NEVER UNDER ANY CIRCUMSTANCES LEND A HOOKER MONEY!!!!!

Peter

JennaPurrLatte See my TER Reviews 1885 reads
posted
24 / 24

you will regret this.

you got played.

im sorry, you're a nice guy and it should never have happened but trust karma to seek your revenge.

it's an expensive lesson, make sure you at least learn it.

Register Now!