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I borrow about 5,320 from someone and we had an verbal agreement i will pay him $100 weekly.
Anonymous5 views4 answers
We had a personal dispute over something personal but im still paying thia person wvery week and i increase my payments to $125.00 a week for a total of $500.00 a month this person keeps harrising me over the money to pay it completly is there a way i can go to court and have the judge set it up where i dont have to send him the money i could send it to the courts and they could give it to him he keeps harrising me i already paid over 1,500 on the loan and im trying to pay it quickly what are my options based on the law or maybe we can go to claims court and the judge can decide if the amount os good based on our agreement injust need him of my back can o folled harrassment charges and still keep paying his money till im done or can he sue me even though im payimg him back based on agreeme
It would be helpful to know if you have a written document that lays out the terms of the loan, your repayment obligations and the lender's remedies. I'm guessing this is not the case. However, if it is not the case, your friend likely cannot prove there is a debt either. Depending on the outstanding balance, the amount may be small enough that you can resolve it in small claims court or reduce the current situation to some type of written settlement agreement.
I would suggest that you and your "friend" / lender try to put the remainder of the debt in writing with clear repayment terms and clear language regarding the lender's remedies. If you continue to have problems but are performing your obligations under that written agreement, you might want to come back to address the "harassment" issue later (it may or may not fall under prohibited collections practices).
Richard J. ChertockReal Estate AttorneyMelville, NY ·
Not much you can do here. I don't think any court would get involved unless and until you get sued. Then you would need to prove that you had the agreement and you have been living up to its terms.
A bankruptcy filing would stop this person from taking any measures from collecting from you. This is because of the "Automatic Stay' provisions of the Bankruptcy Code. If you qualify for chapter 7, assuming you didn't engage in fraud and don't have non-exempt assets (to wit, large assets not covered by an exemption), you will be relieved of this debt. it may make a lot of sense for you to file for bankruptcy especially if you have other debt. You should speak to a very experienced bankruptcy and debt attorney Many of us on provide free consultations. Best of luck, Barbie D. lieber
