Legal Question in Civil Litigation in California

Hi. Need advise please. I lent a friend money ($10,000) and he is not making any efforts to pay it back. I have a signed contract.

Basically, we were dating/engaged and he needed money for his truck that was on a lease. The agreement was that he was going to purchase the truck and put my name on it.....this did not happen. As soon as the check cleared he broke up with me and will not pay me back....he actually bought a brand new F150 with the $10,000 and totally lied to me.

Also, he says that he doesn't have any money but he is on unemployment and he has a full time job that pays him cash "under-the-table". He does not pay any taxes.

Please please please advise


Asked on 6/12/11, 4:49 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Tell him that he has 7 calendar days to start paying you back or you will sue him in superior court, limited jurisdiction, for the full amount of the loan, plus interest, attorney fees, costs, and punitive damages, since he clearly was committing a fraud by borrowing the money from you knowing that you were only doing it only because you were going to marry, and also because he probably never intended to pay it back. Mention that while there may be no case law yet supporting it, someone told you that maybe you could also claim a sexual assault because he had sex with you knowing that he was going to break up the next day [or however long it was; i would doubt that suing for this has ever been tried but it is a conceivable extension of the law in extreme cases]. Point out to him that once you get a judgment, which will effect his credit record, you will have the sheriff take the truck for the debt. Also tell him that you know he can afford to pay you since he is collecting unemployment and work money and not paying any taxes; do not state or imply that you will report him for doing that unless he pays you, as that could be deemed extortion.

If you feel that you can not handle this on your own, contact an attorney. I could do this work for you, but you might prefer a local attorney.

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Answered on 6/12/11, 5:37 pm
Terry A. Nelson Nelson & Lawless

If you have a valid note or contract, you could sue and get a judgment. If he has nothing, then nothing is what you will collect. However, a judgment is good for ten years, and renewable, so if he ever obtained any assets or income, you might be able to collect someday.

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Answered on 6/13/11, 11:03 am


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