Orlando, FL asked in Small Claims for Florida

Q: What steps can I take to retrieve money that I loaned to a person who will not pay me back?

I was in a group counseling program as part of my probation requirement last year, and my counselor asked if he could take out a loan as I had just received my settlement from a car accident, disability and back pay. He only knew this info because of the group counseling sessions. I loaned him a total of $1,500 with the understanding that he would repay this loan within 6 months or less. I have receipts as well as a signed written agreement/contract.

It has been 1 year and I have not received a single payment and he has become agitated, disrespectful and increasingly difficult. I have messages that show this. He has claimed that he was going to make a payment in December, and in March, but I would like to know what my rights are as well as how I can proceed if he continues to not honor the agreement. I understand that this is my doing, but I trusted this man as a counselor and employee of the county. He clearly took advantage of his position and I don't want him to get away w it

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1 Lawyer Answer
Antoine Dumas Jr.
Antoine Dumas Jr.
  • Ft. Lauderdale, FL
  • Licensed in Florida

A: First of all, if this was a licensed counselor you went to it is illegal for him to ask you for a loan. Secondly, if he owes you money and you can prove that by contract you should definitely take him to court.

Since the amount is for less than $5,000 I would suggest either filing a claim in Small Claims court and/or contacting the state licensing board that oversees his line of work.

If you need additional help with any of those things, please let me know.

P.S. It sounds like you're on the right path. Don't let jerks like your counselor veer you off. Working with the law, as you are doing, is always better than working against it in the long run. I wish you the best!

1 user found this answer helpful

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