To sue or not to sue...

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Profile picture of Aquariusgal80
Aquariusgal80
@Aquariusgal80
12 Years

Comments: 0 · Posts: 21 · Topics: 3
My boyfriend had saved up a lot of money throughout the years to open up a business, about 2 years ago his best BEST friend's family business was getting sued and loosing their company.His best friend's father (which my boyfriend was close to as well) asked my boyfriend if he can lend him the money to save his company. It was a lot of money!!! He's known this family since he was little and even lived with them for a short while, so it was a no brainer. He loves them, he didn't want to see them loose everything. He didn't have enough so he had to borrow money from his own family (which he paid right away) to cover the loan. it was supposed to be a 2 month loan and he did draw out a contract and didn't even charge his bestfriends father interest. Two years later, he hasn't paid the money back and is practically dodging my boyfriends calls. He has tried to negociate with him about making payment if he doesn't have the money and he always says I'll talk to my wife and give you a check next week and nothing. It's always next week. I know they are making good money now because his best friend is always out and about spending money like crazy. We don't blame him because he doesn't know he's dad is being really shady. He said from the beginning that he wants no part of the loan becuase he doesn't want his friend to be ruined with my boyfriend and my boyfriend doesn't bring it up to him because of the same reason. Now, we are in a situation where we want to buy a house and get married already, he wants to start his business so bad and we need that money to help us achieve that. Sometime, I even feel like telling his best friend something about his dad so that he aware how he's dad is handling this situation.

my boyfriend doesn't know what to do, he doesn't want to sue him but I don't think he really has a choice. My boyfriend is a really patient, nice guy that was trying to help out his friends dad and it bit him in that ass.

What would you do if you were put in this situation? Would you say f@#% it and sue and risk your friendship?


Sorry for vending. It has both if us stressed.
Profile picture of P-Angel
P-Angel
@P-Angel
20 Years25,000+ PostsPisces

Comments: 0 · Posts: 44084 · Topics: 685


Reminds me of some family members I have to claim.

One is in her twenties and inherented a bit of money. Not a lot, but, quite a bit.

Another family member is in her 50's, doesn't work, does everything she possibly can to not work, begs, borrows and steals. She is constantly figuring ways to work the welfare system, to get money given to her.

So, she asks the younger if she can borrow money .. and not only does the younger agree to, she now upset because the older one hasn't paid it back.


and it's like .... what are you? .... fucking stupid?
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P-Angel
@P-Angel
20 Years25,000+ PostsPisces

Comments: 0 · Posts: 44084 · Topics: 685
Posted by Aquariusgal80

The company wasn't folding, they made a lot of money but they were getting sued. They had so many expenses (ex. lawyers) during that time to keep the company going. We don't know if makes a killing but I'm sure it makes enough to pay back my boyfriend. His best friend and brothers work for the company and make a lot of money.







What is that ^^^^^^^^^^^^ .. more excuses so you can remind yourself that loaning the money was a no brainer?
Profile picture of Aquariusgal80
Aquariusgal80
@Aquariusgal80
12 Years

Comments: 0 · Posts: 21 · Topics: 3
Look, this happened before I was even with him. I know better than to lend money to family or friends especially if we are talking about a big amount. It was not smart of him, I agree. He has always had a rule about about not lending money to friends but he trusted this guy. This was like his 2nd family and he did it because he cares deeply about this family's future. The money did help the company tremendously but he got fucked. I'm telling him talk to friend and tell him the situation going on with his father and that he has to pursue legal action because it's been going on for too long. But he doesn't want the court involved. It's frustrating.
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P-Angel
@P-Angel
20 Years25,000+ PostsPisces

Comments: 0 · Posts: 44084 · Topics: 685
Posted by Aquariusgal80

.... he did it because he cares deeply about this family's future. The money did help the company tremendously but he got fucked.






Caring about the family's future, more than his future AND in the aftermath of this "he got fucked", if he is unwilling to use the judicial system .... then he's martyring himself.

And martyrs LURVE to be victims.

Have fun with that marriage you are trying to secure with him.



Posted by Aquariusgal80

I'm telling him talk to friend and tell him the situation going on with his father and that he has to pursue legal action because it's been going on for too long.

click to expand




This isn't your business, so you telling him how to handle himself is inappropriate, and the more you attempt to tell the Proud Martyr not to be one, is the further away from him you place yourself.

But .. in the event he does open his ears to what you are saying - telling a person to USE the emotions of an innocent person against his father is really fucked up.

Profile picture of Aquariusgal80
Aquariusgal80
@Aquariusgal80
12 Years

Comments: 0 · Posts: 21 · Topics: 3
Fuck so much damn negativity.

feby16aqua: Thanks for the advice and not being a bitch about it unlike others. He does have a contract and documentation of every exchange they have had. It's just the principle of it. I know he will get the money back eventually, I just think he's more bummed out he tried to help out and the last person he thought would have took advantage, and he did.
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P-Angel
@P-Angel
20 Years25,000+ PostsPisces

Comments: 0 · Posts: 44084 · Topics: 685
Posted by Aquariusgal80

Fuck so much damn negativity.






Were you expecting people to be positive, when you present to them not only a negative situation, also, your willingness to perpetuate the negativity.

Seriously?

So, what .... you think that you two can fuck up, not own it, and then expect people to ignore your ignorance to the truth of the situation?


Posted by Aquariusgal80

He does have a contract and documentation of every exchange they have had.

It's just the principle of it.

click to expand





wtf does that ^^^ mean?

The principal of what? What is this principal you refer to in which justifies his unwillingness to help himself?


what the hell?
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P-Angel
@P-Angel
20 Years25,000+ PostsPisces

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Posted by feby16aqua
Well if he has everything documented and what not, then I would imagine he has a case. tbh it wouldn't be a bad idea to consult a lawyer regardless. A lot of them do free consultations. Then you know where you stand if it comes down to that.

The rest is just cut and dry I think. Clear for liftoff.






So, does it escape your awareness that this isn't about his options?

He knows WHAT to do ... he doesn't want to do it.
Profile picture of Nala13
Nala
@Nala13
13 Years1,000+ PostsLeo

Comments: 11 · Posts: 1836 · Topics: 72
Hi AG80,

If the owners of the business have no money then there will be no money to receive.

If you sue and you win then a lien will be placed against the business. Until they sell the business, you will receive nothing.

If there is money to get, then you may get it or the owners of the business may/can file a Chapter 13 bankruptcy listing you as a creditor thereby discharging the debt and your boyfriends money.

The court renders a decision, the court does not collect money. You still have to collect the money.

You best bet is to try and work with the father.


I worked in the Fraud/Asset Recovery division of a bank for about 2 years. Getting money just because the court said it is owed to you is just the beginning.

Hope I helped you.
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miamivirgo
@miamivirgo
13 Years500+ Posts

Comments: 0 · Posts: 785 · Topics: 27
Here is a simple answer. If in the United States. An uncollateralized loan is just that. Uncollateralized. Contract or no. Promissory note or no. The amount must be of an signifigant amount to go to a court room above small claims. The defendant (The Borrower) must have assets that can be judged against or they are in a state that allows for the garnishing of wages.

If the Borrower had an insurance policy they may recover under the Errors and Omissions portion of the liability coverage.

But in actuality the money, unless a very large sum, is probably lost as there is no assets or person(s) to go after.

Judgements for small amounts rarely are collectible since there is no form of enforcement.
Profile picture of Aquariusgal80
Aquariusgal80
@Aquariusgal80
12 Years

Comments: 0 · Posts: 21 · Topics: 3
Posted by Nala13
Hi AG80,

If the owners of the business have no money then there will be no money to receive.

If you sue and you win then a lien will be placed against the business. Until they sell the business, you will receive nothing.

If there is money to get, then you may get it or the owners of the business may/can file a Chapter 13 bankruptcy listing you as a creditor thereby discharging the debt and your boyfriends money.

The court renders a decision, the court does not collect money. You still have to collect the money.

You best bet is to try and work with the father.


I worked in the Fraud/Asset Recovery division of a bank for about 2 years. Getting money just because the court said it is owed to you is just the beginning.

Hope I helped you.




Thank for the info. Very helful!
Profile picture of P-Angel
P-Angel
@P-Angel
20 Years25,000+ PostsPisces

Comments: 0 · Posts: 44084 · Topics: 685
Posted by Aquariusgal80

He does have a contract and documentation of every exchange they have had. It's just the principle of it. I know he will get the money back eventually ....







How nice of people to come in and school you on common sense ..... however, this about principals !!


And his principals tell him that he shouldn't do a damn thing, and just wait for eventually to arrive.

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munchkin
@munchkin
11 Years1,000+ Posts

Comments: 3 · Posts: 1399 · Topics: 28
1) Send a formal letter demanding immediate payment.
2) Find two musclebound ex-convicts named Bruiser and Maurice to accompany you to corner him and demand immediate payment ASAP.
3) If he cries that he doesn't have $ 10,000 to give you, offer to let him pay in arrears.
4) If no luck, shine your shoes, you're going to court!

In the future, never lend money to friends. Never work with them in the same office, and never have them as roommates. These three things tend to destroy even the most beautiful lifelong friendships.
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munchkin
@munchkin
11 Years1,000+ Posts

Comments: 3 · Posts: 1399 · Topics: 28
Posted by P-Angel

And who even knows what he says or what he does ... since he isn't here to speak for himself.


Who is here is a bitch who wants a ring put on her finger by a man SHE has described as refusing to help himself.


You shouldn't wait for this, you might lose the loser, you never know ... you better elope



No need to get personal about it. If you're going to comment, how about you just focus on the relevant problem at hand - the unpaid debt.
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Damnata
@Damnata
15 Years25,000+ PostsVirgo

Comments: 252 · Posts: 36418 · Topics: 473
Not to extend the drama..

This whole thing happened before you two met. What if he actually took a loan, wasted the money and fabricated the whole story with his friend and the friend's family?

Would explain his unwilligness to do anything about it.

He could also use that story to make people feel pity for him and play other people for their money. Also getting out of relationships because no money, no house to buy for marriage. If he relies solely on this sum and doesn't have a lot of money...who says he isn't a gambler and cannot hold to money for dear life.

YES, I know people who are this manipulative and cunning.
Profile picture of lisabethur8
lisabeth
@lisabethur8
13 Years50,000+ Posts

Comments: 4373 · Posts: 50653 · Topics: 564
Posted by Damnata
Not to extend the drama..

This whole thing happened before you two met. What if he actually took a loan, wasted the money and fabricated the whole story with his friend and the friend's family?

Would explain his unwilligness to do anything about it.

He could also use that story to make people feel pity for him and play other people for their money. Also getting out of relationships because no money, no house to buy for marriage. If he relies solely on this sum and doesn't have a lot of money...who says he isn't a gambler and cannot hold to money for dear life.

YES, I know people who are this manipulative and cunning.



that's just as bad. 😢 very cowardly.
Profile picture of P-Angel
P-Angel
@P-Angel
20 Years25,000+ PostsPisces

Comments: 0 · Posts: 44084 · Topics: 685
Posted by Damnata
Not to extend the drama..

This whole thing happened before you two met. What if he actually took a loan, wasted the money and fabricated the whole story with his friend and the friend's family?

Would explain his unwilligness to do anything about it.

He could also use that story to make people feel pity for him and play other people for their money. Also getting out of relationships because no money, no house to buy for marriage. If he relies solely on this sum and doesn't have a lot of money...who says he isn't a gambler and cannot hold to money for dear life.

YES, I know people who are this manipulative and cunning.




lol




Again, where is the Pisces in his chart?
Profile picture of Aquariusgal80
Aquariusgal80
@Aquariusgal80
12 Years

Comments: 0 · Posts: 21 · Topics: 3
Posted by Damnata
Not to extend the drama..

This whole thing happened before you two met. What if he actually took a loan, wasted the money and fabricated the whole story with his friend and the friend's family?

Would explain his unwilligness to do anything about it.

He could also use that story to make people feel pity for him and play other people for their money. Also getting out of relationships because no money, no house to buy for marriage. If he relies solely on this sum and doesn't have a lot of money...who says he isn't a gambler and cannot hold to money for dear life.

YES, I know people who are this manipulative and cunning.




No, that's not the case. We hang out with his best friend and brothers a lot and they are always very grateful to him and talk about what he did for them was the nicest thing anyone can do. They appreciate him and realize it was huge but don't know their dad hasn't paid the money. My boyfriend has money, I work too. We both make good money. The whole thing is yes, we can use that exta money for our future now. It's his money! I can't force him to do anything, I can only advice and make him understand, that he's tried the nice guy approach and now it's the tme to fight for what belongs to him. Like I said, he knows what to do but is being naive and he rather go after the money himself then taking legal action against the family he cares about.
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lisabeth
@lisabethur8
13 Years50,000+ Posts

Comments: 4373 · Posts: 50653 · Topics: 564
Posted by CreepyPants
LOL!!!!!!

get it all cleared up ladies?



lol they all noticed MONEY $ $

since it's already been done, the OP and her boyfriend need to just let this thing go OR fight.

she's whining that they could use the money because they wanna get married and buy a house.
stop depending on others and make and save your own money. You can't depend on people like that. You will be disappointed each and every time. It'll take time to save money depending on what type of work you do, but guarantee you, those years, 2, 3, 4 and you have thousands piled up. All that nonsense will be just a nightmare past. Learn from this and don't loan money to people.
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