Legal Question in Credit and Debt Law in New York
suing someone in another state with no assets, who owes me money
I gave my ex $2700 by closing MY mutual fund account so that he wouldn't get beat up. him and his friend were involved in selling drugs, his friend lost the bag of E-pills and so they owed the money to the guy who gave it to them to sell. How do I argue this to a judge and get my money back. I had nothing to do with it other than I gave my ex the money so he wouldn't get beat up. But even if I take it to small claims he doesn't care about his credit, it's already shot, he doesn't have any assets except an old car and he doesn't have a real job. He gets paid under the table. So How can I get my money back. It's been 3 years and he hasn't paid me a dime. But manages to live in New york City. And I live in Nevada but he still lives in NY. What would I have to do?
3 Answers from Attorneys
Re: suing someone in another state with no assets, who owes me money
This is a tough one. You are to be commended for your caring, but must recognize that he was a very poor credit risk.
You must take him to small claims and then have your lawyer 'garnish' his wages. If he has no job, then there is little help available.
Sorry.
If you want to get a judgment I would represent you in small claims for $250 (draft complaint, service, and court apperaence). I would do the garnish for 20% of what is recovered.
I cannot recommend that you turn to his 'unsavory associates'for assistance.
Re: suing someone in another state with no assets, who owes me money
My involvement with law guru is not to give legal advice or opinions. People can contact me through law guru, and if their situation is something that I may be able to assist with, I will respond to investigate the circumstances further. Your situation is not one that I can assist with. This is not to say you have no legal recourse, I just cannot help you. I am responding to your post as a courtesy.
Re: suing someone in another state with no assets, who owes me money
Follow the advise of the first lawyer and you'll end up losing the $250 in fees and not see a dime of your $2700 though you'll have a nice paper judgment to frame. The 2nd lawyer should not respond at all...since the point of the law guru web site IS to help by giving advise. Sometimes, unfortunately, our advise is not helpful. In this situation if your ex had money, be wouldn't have needed yours to bail him out of the situation in the first place. Believe it or not, you don't have to tell the Judge why you lent him the money...you just have to prove it was yours, and you lent it, and he agreed to pay it back. If you don't have anything in writing from your ex, that will be tough to prove. What would Judge Judy say? She'd say that $2700 is not alot of money in the scheme of things, that you'd be better off staying in Nevada and starting anew without your drug dealing ex and to forget about the money because unless YOU are going to beat him up (and I am NOT advising you to do that!) you are NOT going to see a penny of that money NO MATTER WHAT YOU DO. So...FORGET IT!
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