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Old 12-15-2005, 05:08 AM
Lloyd Lloyd is offline
Senior Member
 
Join Date: Aug 2004
Location: San Francisco
Posts: 412
Default Re: Need Help from the OOT ppl (Law advice)

Forget about legal action. There's no way you'd win a civil suit and there's certainly not enough proof for a criminal complaint. If he's willing to pay you the $800 then jump on it. If he agrees to that then he obviously feels guilty about something (i.e. taking the card) so let him pay. If he can't pay you all at once then make a payment plan (and if you want include a little interest although it's probably not necessary). Get him to sign an agreement (which if you search for on sites like Nolo you can get free or cheaply) that specifies the terms. You need to include not only what you get but what he got (the original loan plus the card). You also want to specify that if he violates the agreement what your remedies are (most importantly going to court where he pays all costs). If you can include a term where he agrees to a summary judgement against him if he violates the agreement (with some type of reasonable grace period to catch up). A summary judgement essentially means you go to court and he has already acknowledged that he is at fault and owes you the money. Even without that, if he violates the agreement you don't have to prove anything about the loan or the card. It's all about him violating the terms of the agreement - much easier to prove. As for collecting, well it's not like it's a fortune. It might take a little time but you'll get it from future earnings at the least.
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