What to do if afriend borrowed $3200 from me and will not payit back?

A friend came to visit me from out-of-state after his father died. Before leaving to go back home, he asked if I could loan him 3K until he gets his first paycheck. He stated had a job waiting for him when he got back home. I loaned him $3200. Everytime I asked when he was going to repay me, he would get angry. The last time I asked him he told me that I have money and he was not paying me back, To date, he has not paid a penny of my money back. What can I do to get my money back?

Asked on October 10, 2011 under Bankruptcy Law, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue your friend in Small Claims Court for the amount of the loan plus interest plus court costs.  Court costs would include the court filing fee and process server fee.  A lawsuit can be filed where you live or where your friend lives or where the claim arose.  For convenience purposes such as filing documents, court appearance, etc., you should file your lawsuit in WA where you live.  You will need to have the summons and complaint (complaint is the lawsuit attached to the summons) served on your friend.  You can have a process server in or near the city where your friend lives, serve him with the summons and complaint.  You can find process servers online or in the Yellow Pages listed under attorney services.

If you have something in writing confirming the existence of the loan, this will strengthen your case; otherwise it might just be your word against his if he denies the existence of the loan.  If you don't have anything in writing, were there any witnesses who were present when you loaned your friend $3200?  If you are successful in obtaining a judgment against your friend, it would be advisable to obtain a wage garnishment to enforce the judgment.  Without a wage garnishment, your friend might not pay given his track record even if there is a judgment against him.


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