$600 Personal Loan

[shensley]

As of 02/08/09 ($200) and 02/09/09 ($400) I made a personal loan to a co-worker at the time to get her kid out of jail. First the $200 was made inside the store and the next day I returned to my place of employment to finish with the other $400. Now we had a verbal agreement that the loan would be paid back quickly as soon as her boyfriend received his taxes. Sadly to say for doing something nice I am now being avoided...

Not to mention that the second day the $400 was given to this said person, I did it in front of our big boss while they was in the break room eating. Also sad to say... as of 02/12/09 I was released from my place of employment. I have tried contacting the person I made the loan to via there cell phone (they always send me to voice-mail), and even calling the old place of employment in which our bigger boss is now telling me to stop calling there asking about the loan... even though I didn't call 24/7... I called the work place rarely.

So as of 02/26/09 I contacted the local courts to get help in this matter, and the judge told me to send a certified letter letting the person know I am requesting payment within 10 days which I did and the persons kid signed for the letter 02/27/09...

So I don't know what more I can do. Does it make any difference that both times money was handed over inside the workplace? Can I really not contact the place of employment to try and collect? I know the big manager can be summoned to the court hearing... but also the big manager can now lie and says she knows nothing about this money. Does it make any difference that I lost my job that same week and now I am being avoided?

No written agreement was a stupid part on my choice... but we had a verbal agreement and she knows how important this money is to me. So now I am having late fee's applied to personal loans and child support cause of my inability to pay because of me not getting paid back and loosing my job.

 

[dee_dub]

Does it make any difference that both times money was handed over inside the workplace?

Not as far as the debt is concerned. Maybe, as far as proving it, since there may be witnesses.

Can I really not contact the place of employment to try and collect?

No. Your former employer doesn't make the law. Under the Fair Debt Collection Practices Act, "debt collectors" are not allowed to contact a debtor at their place of employment if the debtor asks them not to. You are not a "debt collector", you're the actual creditor. Nor is the employer the debtor. Feel free to bug them at work.

I know the big manager can be summoned to the court hearing... but also the big manager can now lie and says she knows nothing about this money. Does it make any difference that I lost my job that same week and now I am being avoided?

As far as proving the debt, it might. I don't know why your former manager would perjure herself for the sake of $600 her employee owes, but stranger things have happened.

 

[shensley]

The only witness to the loan is the big manager... so if she decides to lie... it is up to her. I just wished it didn't have to come to this... I am to quiet of a person and sometimes too kind to others. I need to say 'no' sometimes. I should have told her that in the first place cause I needed my money more then she did... I should have told her it was her responsibility to get her own kid out of jail.

I mean the big manager has hung up on me plenty of times when I called there, and will even go to as far as saying that the person I loaned the money too isn't there... even when she is.

 

[dee_dub]

So do what the judge says. Wait the 10 days you gave them in your letter, then sue in small claims. I suspect proving the debt might be a challenge. Bring whatever records you have, but it's going to be a he-said she-said thing. In the circumstances, continuing to call the employer and pissing off the only witness to the transaction might not be in your best interests. You might write the boss a letter advising of the debt, that you will be suing in small claims and contacting them to act as a witness, and trusting that their day in court will not prove to be too much of an inconvenience. They might decide it's not worth it to fight their employee's battles for them and lean on the employee to settle up.

 

[shensley]

Thats kind of the reason I lost my job, for some reason my manager got pissed at me and turned on me. So I'm only calling every so often, but think I'm not going to till the 10 days is up 03/09/09... then I am trying to contact the person one last time and heading down to the courts. All I have for evidence is the atm receipt from 02/08/09 and then the bank receipts from the money withdrawn on 02/09/09.

 

[shensley]

As of 03/09/09 I will be heading down to the courts to file my small claim against this person.

I am still wondering... cause I heard from another source that I could have this person also 'charged' for defraud... or something like that. What I am wondering is since I was a employee still at the time the loan was made, 1 part of the loan made ($200) was made while on the clock, and the second part ($400) was made in the store while off the clock but in front of our big manager... is if the store has any unlawful standings in this situation since all this was done within the store?

Also I am wondering... in the time I have been trying to collect my money... do I have rights to add the late fee's I have encored due to her un-willingness to repay?

 

[shensley]

We'll I hate to say that the ability to have the funds (coming from bills, and court ordered child support) while on unemployment. It doesn't seem like I will be able to make a claim against this person. I am now out of $600 and behind $500 on my child support. So thinking which is more important, I have to go with paying my child support and trying to catch back up on it. I don't think it makes my claim any worst cause I am just telling a story but typing in the name 'Bridgette Bradley' on google will bring a few sites back. Main one being my MySpace profile in which I think through my experience I have all right to express my 'Personal Experience' with this person. No risk to identity as the name will also bring up plenty of people searches or others having the same name...