Legal Question in Civil Litigation in Florida
I want to collect a personal loan debt, from someone out of state
In April 02, I decided I was moving to FL from NV to be with my boyfriend.At the time my best friend was having problems with a stalker.Because my boyfriend is such a generous person he asked me what I thought about her coming with me.We jumped at the opportunity and discussed all of the details. I would pay for, and expected re-imbursment for 1/2 the cost of the trip, and my boyfriend would loan her what he could for up to two months or until she found work(which ended up over $3,000).She never got a job and when the 2months were up and we couldn't loan her any ore money she decided that she was going back to Vegas which we also paid for. She told us that as soon as she got any money she was going to send us payments.I wrote her a letter and an email letting her know that she used us, and that we wanted our money.She replied with a nasty letter demeaning my character and telling me that she could take ''all the time in the world to pay us back''in Sept 02.She has not made a single attempt to contact us or send us any money. Originally we never set a time limit on the loan but the terms of the agrmnt. were decided when she was my friend and was going to share a house with us for our entire 1 yr lease.She broke that agreement.
2 Answers from Attorneys
Re: I want to collect a personal loan debt, from someone out of state
Since the agreement and payments were made in Florida you can try to sue here. She lives in NV and you can definetly sue her there. Good luck.
Re: I want to collect a personal loan debt, from someone out of state
You are in a difficult position and I am sorry for the difficulties. There is an old saying about business with family or friends, but I guess those words are not welcomed right now.
Though you could try to sue her here, ultimately, you will have to go after in Nevada where she lives and likely would have some funds. Remember, having a judgment means you have a piece of paper - you need to collect something. So, I would suggest that you find a lawyer in Nevada that could file a small claims action (or whatever they may call it in Nevada) for the oral loan agreement. There are some problems potentially like no written agreement, but you may get something by filing there. Ultimately, however, you will have signaled an end to your friendship. I am not sure you are ready for that - again, this are concerns that only you can decide.
I wish you the best of luck.