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If I loaned someone money and have an IOU, but they are not paying me back, can I take them to court and maybe win?

Jasper, GA |
Filed under: Criminal defense

I loaned an ex-boyfriend $36,000 to buy a bobcat. I have a signed IOU stating what the money was for and that he agreed to pay me back as well as the cancelled check that I wrote to him. The IOU states that there is no payment schedule though. He has only paid back about $6000 of it and has made no payments at all in almost a year. I've sent him to collections and they were not able to get much, only about $75 from him. I want my money back or the equipment back so that I can possibly sell it to recover part of my money, but I don't have the money to hire an attorney right now.
He lived with me for almost a year and did not pay a dime while he was here. I paid for everything. I also loaned him money on other occasions which he did not pay back and I have all the cancelled checks to show for it. All total, I loaned him over $50,000 while we were together plus took care of him and his 3 kids. I just want the money back for the bobcat. It was money that came from life insurance after I lost my husband and it was supposed to go to my kids. I trusted him and thought he would pay it back. I need to know if there is anything I can do to recover some of these funds for my kids. I am now broke and struggling just to hold on to my house.

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Attorney answers 1


Without the ability to hire an attorney to handle this, it may be a good idea to contact the folks at your county district attorney's office or sheriff's department, as they might be willing to help you seek restitution or the return of the equipment. Most of the time, law enforcement will try to say such a matter is solely a civil matter, but your facts may suggest otherwise. It just depends on their attitude towards such cases. Just be careful not to threaten to contact police if he does not pay, if you have a civil case pending against him, as this could be considered a crime itself - extortion - under Georgia law.

If this does not work, you could see if Georgia legal services programs operate in your area. If so, they frequently provide legal services for people based on financial need in the context of civil cases. This is not the public defender's office associated with criminal cases.

Good luck.

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