Someone owes me money
Lancaster, OH
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Posted about 1 year ago in Debt Settlement
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I loaned a friend $1900.00 to help get him out of a bad relationship. This was over a year ago. I live in Ohio he lived in Alabama at the time. I have all receipts of the money being wired to him, and all emails from him saying he will pay me as soon as possible. He stopped responding to my emails and I continued to send them asking him to pay me back. He has now told me that he will file a harassment suit against me if I continue to contact him for the money. Since he owes me money am I legally still permitted to contact him until the money is paid back? In every email I send I have assured him that I will stop all contact after the full amount is paid. Since we live in different states taking him to small claims court isn't a real option. He is in the military and is now living in North Carolina. He asked for my address to send payment to a week ago, and I responded by asking for the date the payment was mailed and his only response was that he was going to sue me for harassment. Can you please advise me of what my options are? All I really want to know from him is when the payment will be made. Is it appropriate for me to email him to continue to ask for a date or can he really file a harassment suit against me even though he owes me money?
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Answers (1)David L. Carrier
This attorney is licensed in Massachusetts and 1 other state.
Posted about 1 year ago.
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As a former Army JAG, my advice would be let him know that you intend to drop a line to his commanding officer or first sergeant. Dishonorable failure to pay a debt is an offense under the Uniform Code of Military Justice (or at least it was when I got out in 1988!) so that may be all the pressure that's needed.
Under the Servicemembers Civil Relief Act, you can't get a judgment against him while he's on active duty, but you should file in Small Claims Court anyway, to preserve the record. Finally, re: harassment. He's just employing the most basic military dictum: A strong offense is the best defense. He owes you the dough, he should pay up... don't be intimidated!
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