what should i do to collect the loan

[cnjs2003]

hi everyone
i m new to canada . i lent 800 to my coworker . cause she doesnt have money to pay the rents . and she was pregnant . she promised me to pay me back the next pay day . but she dident
Now her baby almost 3 months old . she is on parental EI now . and she doent want answer my phone.
Here is my question :
I dont have any IOU from her , But i have witness and a Messenger to prove that she owe me 800 . can i call the cops or sue her to collect my money .
cause i lost my job last month . i m very short of money now .

[spf1971]

Calling the cops won't help because this is a civil issue. You can take her to small claims court, with a witness and a message where she states she owes money you would probably have a good change of winning.

[AmberMoon]

small claims court is about your only recourse. Keep all conversations documented and make sure you have your witness with you or at least a signed sworn statement

[DGTD]

hi everyone
i m new to canada . i lent 800 to my coworker . cause she doesnt have money to pay the rents . and she was pregnant . she promised me to pay me back the next pay day . but she dident
Now her baby almost 3 months old . she is on parental EI now . and she doent want answer my phone.
Here is my question :
I dont have any IOU from her , But i have witness and a Messenger to prove that she owe me 800 . can i call the cops or sue her to collect my money .
cause i lost my job last month . i m very short of money now .

steal it back.... problem solved

[Nikita]

small claims court is about your only recourse. Keep all conversations documented and make sure you have your witness with you or at least a signed sworn statement

A sworn statement won't be accepted as evidence in court...after all, you can't cross examine a written statement...;) OP, you need a live witness if you end up in trial.

[AzN_RiverdaleCI]

go on judge judy or judge brown or something.

[Bskll]

hi everyone
i m new to canada . i lent 800 to my coworker . cause she doesnt have money to pay the rents . and she was pregnant . she promised me to pay me back the next pay day . but she dident
Now her baby almost 3 months old . she is on parental EI now . and she doent want answer my phone.
Here is my question :
I dont have any IOU from her , But i have witness and a Messenger to prove that she owe me 800 . can i call the cops or sue her to collect my money .
cause i lost my job last month . i m very short of money now .

cops don't handle things like this, only debt collection agencies do.

[HBP]

cops don't handle things like this, only debt collection agencies do.

Huh?

[Kasakato]

Huh?

The police do not enforce civil matters.

[HBP]

The police do not enforce civil matters.

Whereas a debt collection agency will go after her?

[AmberMoon]

A sworn statement won't be accepted as evidence in court...after all, you can't cross examine a written statement...;) OP, you need a live witness if you end up in trial.

Doh thought a sworn statement in small claims court ( No jury ) was acceptable. But never been to small claims court so im not a creditable witness :)

[Hunter316]

the police won't help since you did willingly lend the money to begin with and even though she did not repay on time it is not a criminal issue. Small claims court would be your best option but even if you win judgement against her it might not be possible to collect since she is not working and may not have the ability to pay.

[goJays]

litigation is NOT a smart idea. just call it a loss if u really cant collect. just cause u win the case, doesn't mean u will be able to collect.

[pupazzo]

Man up and bust some heads lol

[Nikita]

Doh thought a sworn statement in small claims court ( No jury ) was acceptable. But never been to small claims court so im not a creditable witness :)

LOL...glad to hear you've never had that unpleasant experience AmberMoon, but I have a feeling you'd make a credible witness if it ever came to that anyway...;)

the police won't help since you did willingly lend the money to begin with and even though she did not repay on time it is not a criminal issue. Small claims court would be your best option but even if you win judgement against her it might not be possible to collect since she is not working and may not have the ability to pay.

But a judgement is good for 20 years, so if she ever does have money or becomes employed, or has any assets....it's collectible. A lot of work, but I guess it depends on how important it is. To some people it's not about the amount of money but the principle. And that's fine too.;)

[Kurtz7834]

The police will not help you as this is a civil matter, she did not steal the money.

A claim (lawsuit) launched against her will likely fail as you have nothing in writing.

Forget about those suggesting a collection agency, there is nothing documenting that she owes you the money and she could file a complaint against you for harassment.

You only hope of getting some or any of this money is to try to make arrangements with her personally. If that fails, you're out of luck, lesson learned.

[BananaHunter]

Remember that in small claims court, it's your job to prove your case. In your situation, I think it's a bit challenging. It's not like you carry an audio tape everyday waiting to record things. It's your word against hers. If you have time to blow and want to learn more about our legal system, go ahead and get some first hand experience!

I know these landlords. They took a tenant to tribunal for non payment of rent. Landlord won but to this day, the amount is still not collected. The tenant disappeared off to nowhere and it's too much of a hassle to chase them. All the tribunal did was provide a small relief to their minds. They didn't even go to the tribunal expecting to recover their rent. They practically went there just to make sure the tenant moves out.

So...remember not to lend people money....ever.

[Kurtz7834]

The lesson to be learned is not 'Don't ever lend anyone money.' The lesson is if you lend money, get a written agreement, promissary note, pledged collateral assets to secure the loan, etc.

This is what businesses that make money (ie. profit) lending money do.

[Magoo]

Take the hit and treat it as tuition for a life lesson. You're not getting that money back... why? Because she has no money to give you. Go to court? A long and arduous process and a waste of your time.

I say you talk to her and make some kind of arrangement to have her pay you back in a non-monetary way.. and no I am not talking about sexual favours. Since she is not working... perhaps she can help you cook or clean... something.. anything...besides cash.

No way on earth would I have lent out $800 to a pregnant woman that I barely know... you live and you learn.

Good luck.

[Hunter316]

But a judgement is good for 20 years, so if she ever does have money or becomes employed, or has any assets....it's collectible. A lot of work, but I guess it depends on how important it is. To some people it's not about the amount of money but the principle. And that's fine too.;)

Thats true but it would involve the OP keeping track of her or trying to track her down at a later date which might prove awkward and expensive if she moves. Although as you said if it is about the principle then some people are willing to go to such lengths.

[Snicla]

If I was you I'd call a couple of hard, pipe-hitting ******s to go to work on the homes here with a pair of pliers and a blow torch.

[confused student]

A sworn statement won't be accepted as evidence in court...after all, you can't cross examine a written statement...;) OP, you need a live witness if you end up in trial.Someone brought that up when I was at LTB once, I entered a letter from a former tenant as evidence and the current tenant's lawyer objected because of that. The member of the board asked where the witness is and that they'll accept the letter only in cases where he cannot be there.

My response to the member of the board: "Sir, the witness is deceased making it impossible for him to be present at the hearing", then to the lawyer: "Will you permit this to be entered as evidence, or can you bring him back from the grave?" (Member of the board laughs, he had a hard day, the case before us took 2 hours and was for... $1.50 in rotten celery stuck in a refrigerator door when a fridge was fixed, it was settled where the landlord's lawyer offered $5 out of his pocket to settle the matter)

[najibs]

OP, I hate to say it, but the truth is...you're out of luck. Time and time we see these threads over and over again on RFD. The bottomline is, never to lend money to friends, unless you're prepared to lose that money. All you can do is learn from what has happened, and accept the fact that you've lost this friend because she clearly has no intention of paying it back.

If a friend needs to borrow money, tell them to go to the bank. THat's what they are there for...

[Snicla]

OP, I hate to say it, but the truth is...you're out of luck. Time and time we see these threads over and over again on RFD. The bottomline is, never to lend money to friends, unless you're prepared to lose that money. All you can do is learn from what has happened, and accept the fact that you've lost this friend because she clearly has no intention of paying it back.

If a friend needs to borrow money, tell them to go to the bank. THat's what they are there for...

I've never had problems lending money to friends. Lending money to coworkers is a different story, always get that in agreement.

[chinese zzz]

Why don't you ask her husband:confused: for $$$
if that didn't help.. try to talk to her.. at least get some of the money from your $800...:idea:

Now I'm scare to loan $$$ too..:eek:

lesson learned..:rolleyes:

[angekfire]

If I was you I'd call a couple of hard, pipe-hitting ******s to go to work on the homes here with a pair of pliers and a blow torch.

Lol, +1. Tell someone if they can get the $800 out of her, you'll give them $500 of it.

[danfromwaterloo]

hi everyone
i m new to canada . i lent 800 to my coworker . cause she doesnt have money to pay the rents . and she was pregnant . she promised me to pay me back the next pay day . but she dident
Now her baby almost 3 months old . she is on parental EI now . and she doent want answer my phone.
Here is my question :
I dont have any IOU from her , But i have witness and a Messenger to prove that she owe me 800 . can i call the cops or sue her to collect my money .
cause i lost my job last month . i m very short of money now .

Traditional way to do it is to introduce her kneecaps to your baseball bat.

[q1w2e3r4]

Hey OP can I borrow $800 :)

[ricoboxing]

Traditional way to do it is to introduce her kneecaps to your baseball bat.

or take her out to lunch for some knuckle sandwiches!

[ullyeus]

one born every minute.


If you give me $200 I will get your money back.

[pierrefleur]

Consider this an $800 dollar lesson.

A bit overpriced but a very valuable lesson nonetheless that you will carry for the rest of your life and pass it to younger generations.

Never, I repeat, never lend money.

Period.

/thread.

[EmperorOfCanada]

If I was you I'd call a couple of hard, pipe-hitting ******s to go to work on the homes here with a pair of pliers and a blow torch.

+1 Pulp Fiction

[Nikita]

Someone brought that up when I was at LTB once, I entered a letter from a former tenant as evidence and the current tenant's lawyer objected because of that. The member of the board asked where the witness is and that they'll accept the letter only in cases where he cannot be there.

My response to the member of the board: "Sir, the witness is deceased making it impossible for him to be present at the hearing", then to the lawyer: "Will you permit this to be entered as evidence, or can you bring him back from the grave?" (Member of the board laughs, he had a hard day, the case before us took 2 hours and was for... $1.50 in rotten celery stuck in a refrigerator door when a fridge was fixed, it was settled where the landlord's lawyer offered $5 out of his pocket to settle the matter)

K....so did they admit the letter or not...lol? Did you win your case or not? Geez, you can't just start a story and not tell us the ending....just cuz you're a confused student you don't have to make the rest of us confused...lol!

Anyway, the LTB is a quasi-judicial tribunal, not a court, so they do relax the rules of evidence. Though, I'm sure if the lawyer objected strongly enough, they wouldn't have admitted it or they would have but put less weight on the evidence contained in it than they would have if it could have been cross-examined on.

[Snicla]

+1 Pulp Fiction

Awesome movie, I gotta get it back from my friend now.