Legal Question in Civil Litigation in Pennsylvania
Can I Collect On A Moving Loan I Made To Another Person?
An individual I met on the internet asked me to pay for her move from one apartment to another apartment. It is my understanding she lives on disability money. I gave her my check to pay the movers and she received a receipt from them once the move was completed. The cost of the move was $645. We had an oral agreement that the payment to the movers was a loan. There is nothing signed between us indicating she owes me money such as a promissory note. However, she did send me two emails thanking me and uses the words ''moving loan'' in both emails. I recently found out that she has a history of not paying loans back. Can you answer the following two questions for me?
1. I have asked her to give me the receipt for the move but she will not give it to me. Do I have a legal right to contact the movers for a copy of the receipt since she will not provide me with the original receipt?
2. If I can get a copy of the receipt from the movers, I will have the moving receipt, two emails from her referring to the money I paid on her behalf as the ''moving loan'' as well as a copy of cancelled check to the movers.
Would I have enough proof to collect anything in a small claims court or should I forget about it. Thanks.
2 Answers from Attorneys
Re: Can I Collect On A Moving Loan I Made To Another Person?
You could ask the movers for the receipt. Whether they give it to you or not is another question. Their contract was with her, not you. However, you did say that it was your check written to the movers?? Or was the check written to her?? You have a better chance of getting the receipt if your check ended up in their hands.
You have enough to probably be successful in front of a magisterial district judge. The question is, what are you going to collect? If she has no money, no property (nothing to lien), etc., then how do you propose to collect once you get the judgment?
Also...does this person live close to you? You will have to take time off of work, go to court, etc. If they live far away, that may be a burden, and you may end up spending almost as much in travel, time, etc., to get a judgment that you can't collect on.
Think it through, and do whatever you think is best. Good luck.
Re: Can I Collect On A Moving Loan I Made To Another Person?
You certainly can ask the movers for a copy of the receipt - they may or may not give it to you. You could certainly go to small claims court with a receipt and the emails - quite frankly, you could just go with the emails. For $645, you have to ask yourself if it really is worth it. If you liked this person enough to make a loan like that, I would honestly recommend that you don't sue. Rather, if she doesn't pay the money back, just sever relations with her and consider yourself one of the many folks on this earth who got slightly burned.
I guess in the end, the decision to sue is more about you than about what happened. Before I became a lawyer, I never would have thought I would spend so much time talking people OUT of pursuing a claim, but the longer I practice, the more I seem to counsel people that they shouldn't sweat the small stuff. Your time and aggravation just aren't worth it.
Whatever you decide to do, good luck.
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