[infinitesymphony]

I'm in the middle of an unfortunate situation and I'd like some advice. I loaned a friend around $1,200 last May for two months' rent with the expectation that I would be paid back by the end of the year. The friend has not paid a cent and we have had a falling-out from this and other issues.

Now I'm looking for legal proof to back up my case. Would the apartment complex have copies of the money orders dating back to last summer, or would I have to ask them to request copies? Is there anything else I should have or find out?

 

[Carmantom]

Quote:

Originally Posted by infinitesymphony /img/forum/go_quote.gif I'm in the middle of an unfortunate situation and I'd like some advice. I loaned a friend around $1,200 last May for two months' rent with the expectation that I would be paid back by the end of the year. The friend has not paid a cent and we have had a falling-out from this and other issues. Now I'm looking for legal proof to back up my case. Would the apartment complex have copies of the money orders dating back to last summer, or would I have to ask them to request copies? Is there anything else I should have or find out?

So much for the friend part stiffing you. Helping him out in a difficult time and helping him pay rent. This guy is sure in for a rude awakening when his Karma catches up with him.

Back to your question; typically Money Orders have a stub attached for your personal records. Did these, and if so did you keep or file them like I do often, where I am unable to locate them?

Only other thing is to check with landlord like you said. I would think most rental properties make copies of checks or Money Orders to have proof in case thy get stiffed.

I would certainly act quickly as guys like this have a tendency to get out of town in a hurry. Good luck! Guys like you helping others on the other hand typically have good Karma follow them around. I'd say no matter what, good things will happen for you.

 

[NightOwl]

Normally the institution where you purchased the money order will receive the original cashed money order back for their records. If you go to that institution and have the serial number of the money order and date of purchase (or approximate), you can request a photo copy of it both front and back to show who cashed it and when. They will probably charge you a fee for this. Unfortunately unless you have a written loan agreement (even a note), or witnesses to a verbal agreement it will be more difficult to prove that it was a loan.

 

[Uncle Erik]

Did you keep the money order stubs? You will be able to get copies from whatever institution that issued it.

Though you don't necessarily need them or a written agreement to take legal action. The laws depend on your state, but many oral agreements are recognized by the courts. $1,200 probably falls within the jurisdiction of small claims. If you haven't already, pay a visit to the Clerk at your county's courthouse and ask about filing a small claims action. They will probably have a packet of information and pleadings for you to fill out. Start there.

 

[dmashta]

i had a similar experience as well and would like to know what can be done. i didn't consider legal action because i didn't think it would get me anywhere. what good is an oral agreement in court when it's my words against his? and even if i have supporting bank records, can't he always claim he already paid me back or that it wasn't a loan?

 

[infinitesymphony]

Thank you for the replies so far!

Unfortunately, I do not have the money order stubs; I gave them to the friend to keep in case the apartment complex had any disputes about payment. So, I'm guessing those won't be forthcoming...

I do have a handful of chat logs and e-mails where it's clear that we're talking about a loan--talk of how much will be paid back and when. The other part is that my bank statements show that I purchased the money orders in the friend's town, which is two and a half hours away from mine. Between those two parts, do you think I might have a potential case?