Legal Question in Civil Litigation in Minnesota

I had borrowed a "so called" friend $15,200.00 on repairs of his rental property which was supposed to be paid back within 2 weeks. (A year 1/2 have gone by now) and he's only paid me 1200.00 back and still owes $14,000.00.

I kept getting excuse after excuse about the insurance check, this, that, the dog, the blue sky....

I DID have him sign a written contract that I wrote up at the time he borrowed the money and also kept the check copies, and deposit slips that he deposited into HIS and his MOMS account.

I would like to take the crook to Civil Court to get the full amount back + court costs, etc. My question is, He lied to me for the reason he borrowed the money. (I don't know what he did with it).... But, the rental property wasn't even in his name, It was in his friends name! So there was no such thing as a Insurance check coming to him to pay me back!

Now, the jerk is being nasty and malicious to communicate with for me to get the money back. I'm a single mom who worked very hard for what I have. I've gone through some very hard times financially (and he new this), for this Crooked thief to think he can get off on paying this debt back to me.

If I were to put a judgement on him, can I also put a judgement on his mom since he was putting some of the money into her account as well? ( I think he may have been trying to scam me from the beginning by doing this and hiding the funds). But, I have a copy of a couple of the deposit slips to prove that money went into her account....

I live in Minnesota and I have no idea the legalities to go about any of this.

He has even made up nasty lies, tried to ruin me and my fiance's relationship, say horrible untrue things about me, he's been Extremely Callus, all so I wont go forward on collecting payment from him.

I would really appreciate any help!

Thank you so much for your time!!

~ Kara


Asked on 3/05/14, 12:28 am

4 Answers from Attorneys
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

This is a general legal information website. It appears that you are in need of private attorney counsel and assistance. Your attorney can assist you and she/he will want to review your underlying documentation. All of the facts are important, including the issues as to the other party. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Civil Lawsuits Attorney, Minnesota Debtor-Creditor Law, http://dwyerlawfirm.net

Read more
Answered on 3/05/14, 3:22 am
David Anderson Anderson Business Law LLC

Hi Kara:

I have 33 years experience in business law, including owning and managing rental properties.

I would be happy to provide you with a no charge phone consulting re: procedures and steps involved in collecting your money, both outside of and in court.

I am in Eden Prairie but have clients all over Minnesota.David Anderson www.ebizlaw.com

952.200.2460

Read more
Answered on 3/05/14, 4:20 am
David Hellmuth Hellmuth & Johnson, PLLC

Kara:

You definitely have the right to sue the borrower for non payment. In Minnesota, a judgment creditor can garnish wages and bank accounts, so there are ways to collect when you win the case.

I can certainly help you. [email protected]

Read more
Answered on 3/05/14, 9:01 am
Morgan Kavanaugh Wilkerson & Hegna, PLLP

You should immediately sue for non-payment of the debt. Keep in mind that unless there is a written contract provision or statute that allows for recovery of attorney's fees, you would not be able to recover your attorney's fees in collecting on the debt, but you could recover your court costs if you prevail. Even though you're still owed $14,000, you might want to consider filing an action against him in small claims court (but your claim would be limited to $10,000). The reason being is that it's more cost effective and quicker than bringing an action in District Court. However, in August 2014, the cap will increase to $15,000, so at that point you could sue for the full amount owed in small claims court. You want to consult with an attorney, however, because there are limitations periods that could prevent you from bringing a case against him if not timely sued out. You should consult with an attorney to help file the case.

Read more
Answered on 3/05/14, 9:50 am


Related Questions & Answers

More General Civil Litigation questions and answers in Minnesota