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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.