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Question
A friend while in jail asked me to hire him an attorney to help him get out of jail. I paid a $5000 retainer for this attorney and now he is not willing to pay me back as promised $250 a month. Maybe I should I let him stay in jail but I thought I was doing the right thing. I have a receipt from the lawyer indicating I paid the fees on his behalf but I am worried that it will be considered a gift which is not the case. This is a substantial amount of money and I want it back. What recourse do I have?
Check you your local courts for limits of a small claim petition. You may be able to plead your case before a judge and get a judgment against your "friend". If you know where he works or where he banks you may be able to garnishee his wages or attach other assets. This depends on your state collection laws. Some states do not allow garnishments. Send him a written demand letter by certified mail, return receipt requested. Keep copies of all correspondence. Put you complaint in writing for the judge to read. Be detailed. You should at least be able to get the judgment.
Keep me posted.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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