QUESTION

I am owed money, what do I do?

Asked on Jul 22nd, 2015 on Collections - Florida
More details to this question:
I let an ex borrow $500 while we were together. He has constantly kept tabs with me on when he would be able to pay me back, he has been in a rough spot with losing his job so I never worried to much about it, and thought as soon as he got back on his feet, he would pay me back. 4 months later we break up and still no pay back. I have messages with him saying he will pay me back, but i no longer trust his word. I asked him to sign an agreement that we can both agree on, and he is refusing. Keeps stating he will pay me back and I need to shut up. What do I do? Can I come to his home with the letter and ask to sign? I have saved messages asking for us to come to an agreement on this, and I am being ignored. He is threatening a restraining order if I do not stop contacting him. What do I do?
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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You can sue him in Small Claims Court for $500. There's a filing fee for Small Claims Court, plus $50 or so to get him served. You will have to show up in court for a pre-trial.  If he doesn't show up, then you can get a default judgment against him that MIGHT allow you to garnish his wages or levy upon his personal property -- but  it will cost you around $250 to garnish his wages, if you can figure out how to do it.  If he does not have a job, there's not much you can do.  If he has a lot of valuable stuff which exceeds certain state exemptions, you could levy on his personal property -- but that can cost anywhere from $2,000 to $10,000 with no promise that you will get it back from the sale of the stuff.  If he owns real estate other than his home, you can get a certified copy of the judgment and record it in the public records to create a judgment lien on the property, and then wait to see if he tries to sell the land in the next 10 years.He might show up at the pre-trial, and then you can try to get him to agree to a payment stipulation, where he will pay back the $500 plus the court costs over time.  If he fails to make the agreed payments, you get a judgment and then have the same problems mentioned above to try to collect.  If he refuses to sign a payment stipulation and denies that he owes the debt, the court will set a trial and you will have to prove that he owes you.  If the judge decides that he DOES owe the money, the judge will sign a judgment you have the same problems mentioned above to try to collect.  If the judge decides that you have failed to prove that he owes you the money, then you lose and get nothing.Truthfully, for $500, I'd suggest that you just consider it a mistake and go on.  It is probably not worth filing a Small Claims case over.  Send him a simple note about once a month asking him if he plans to pay you back, and then give up once you are convinced that he'll never pay it back.
Answered on Jul 27th, 2015 at 3:17 PM

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