Legal Question in Civil Litigation in California
Rather harass me than accept payment
An old boyfriend loaned me money about 3 years ago. For a period of time I paid back using money orders which he didn't cash. He then accused me of not paying and also said someone stole them. I have to get a copy of one that was cashed and gave him the information to request the others. I didn't pay for a while as I couldn't. Now I can again and want to pay cash and have him sign for it. We have repeated made arrangements to meet to make these payments and he never shows up. Now he is verballing abusing me when I call him to try to pay. I would just forget it but he periodically calls me to herass me about it and I just want to done. I cannot pay all at once. He doesn't need the money, ''threatens to kick me till I pop'', take me to court and other days he is very nice. He does do drugs and is obviously unpredictable. I really don't want to go to court. What are my options and when do I not have to pay it back. I have records of all payments so far.
3 Answers from Attorneys
Re: Rather harass me than accept payment
Since he's threatening you, you can get a civil harassment restraining order.
If you've made efforts to pay, but he refuses, then there's not much more you can do except keep a log of your attempts. If he should sue you in small claims court, then you could show the judge that you made several attempts, but he refused them. One other suggestion is to get his bank account number and make deposits directly into his account, and send him a copy of each confirmation notice. You're lucky to be out of that relationship. If only you could completely cut the strings . . .
Re: Rather harass me than accept payment
Get a restriaining order against him and let him take legal process to attempt to collect. Call me directly at 16195013608.
Re: Rather harass me than accept payment
1. If the original "borrowing" of money was more than 4 years ago vs. 2 years ago, you need to understand that he may not be able to sue you due to a time limit called statute of limitations. This defense goes away if you have made partial payments and the last payment was less than 2 years ago.
2. You did not disclose the total amount at issue. Your best approach, if you really want to have nothing to do with him any more, is to provide a lump sum, pay him off and inform him in writing that you do not wish any further contact. Merely "harassing" calls to collect money actually due will NOT be sufficient to obtain a restraining order unless it is coupled with a real threat that leaves you legitimately afraid. See CCP 527.6.
3. Do not have any direct contact with him. Use an intermediary.
4. Small claims court has an upward limit of $5,000.00.
5. Since he refuses to accept payments [or has lied about them] you can "escrow" the funds into a deposit account and when you have accumulated the entire amount, have an intermediary contact him.
Sounds like this is a "toxic" relationship and you should do your best to keep yourself safe and away from him
Regards,
Mark Geyer
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