BlackVelvetElvis
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Mon Aug-22-05 09:04 PM
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Could anyone provide some legal advice? |
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This regards money lent to someone who refuses to pay me back. The amount is $1,000. This will be filed in small claims court. I have no proof other than a copy of the canceled check and my bank statement. Basically, it's my word against hers. But here's the good part. After I loaned her money, I found out that she has a criminal record (class H felony - forgery). She is on probation. Then I dig a little deeper and found out she wrote a worthless check for $25,000 and was charged with a classes H and I felonies - writing a bad check and obtaining property under false pretenses (I don't know the outcome of that case, I saw it on a court calendar). Digging yet deeper, I found out that she wrote a bad check to another business for nearly $1,000 and swindled some ladies at a church for $2,000 - she told them she had a brain tumor (found this out through a detective). Can her criminal history be brought up in small-claims court to reinforce my claim? Yeah, I feel real stupid.
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William769
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Mon Aug-22-05 09:12 PM
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1. In the State of Florida it can be brought up |
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But depending on the judge whether it has any bearing or not. Most of the small claims cases here are sent to arbitration first, if it can't be settled there then it goes to small claims court. My best advise is be completely honest with the judge. Not having documentation may hurt you.
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jrthin
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Mon Aug-22-05 09:13 PM
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2. Your canceled check and |
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back statement seem darn good. It will up to your friend to explain the reason why she cashed your check and when tested see how truthful that explanation seem.
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blue sky at night
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Mon Aug-22-05 09:14 PM
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3. My gut feeling is you won't need it..... |
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the mere mention of the smalls claims case coming across her bow may be enough to get her to cough it up, but in all reality she probably has no ability to pay, so you will need the judgment. I can't tell you the answer, but I am sure someone will, although I would bet they will admit it as evidence of her character. Let this be a lesson to all of us, get the sucker in writing and GET it notarized.
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Wilber_Stool
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Mon Aug-22-05 09:17 PM
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4. And if she wants to pay you back |
Avalux
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Mon Aug-22-05 09:19 PM
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Members of DU are not qualified to give legal advice. Please consult an attorney or other legal professional. Thank you.
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Thu Apr 25th 2024, 04:03 PM
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