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Do Individuals Owed Money have to follow the FDCA?

The last post in this topic was posted 1171 days ago. 

 

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I lent a 'friend' money... was to be a short term loan of 2 weeks. I got one payment from her 7 months after the loan was to be paid and nothing since. So I'm taking her to court to get a judgement against her.

 

I'm wondering if I'm a debt-collector and have to follow those rules? Or can I get creative with my collection efforts? I'm relatively sure I'm not gonna see a penny of this debt until she dies and even then it's questionable. So I'd like to make her life as difficult as possible for screwing me over, but I'd like to keep it legal.

 

Thoughts??

 

Ozzy.

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If you have to be paid back, then don't loan money to begin with. Lesson learned......I hope.

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Always consider loans made to friends or family to be gifts, until shown otherwise.

This. Just a fact of life.

 

Also, if they constantly avoid you now, could be money well spent.

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Yup. If they don't have a source of money elsewhere, there's a reason for that. Better for everyone's sanity to not borrow or loan. If they are in dire straits, a loan just makes it worse. If you're going to help, gifts are best.

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Always consider loans made to friends or family to be gifts, until shown otherwise.

This. Just a fact of life.

 

Also, if they constantly avoid you now, could be money well spent.

 

Yep. Just make it a gift if you like their company. Otherwise, a loan can be quite effective.

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A debt collector collects debt within the "regular course of business."

 

So unless you do, the above posters are correct. The answer is No.

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My brother "owes" me $158 from over a year ago. I've never contacted him for repayment.

 

Gold Bond powder can be had for $0.70/ounce on Amazon. I'll let you do the math, but basically if he paid up we would never have to read about stickage again.

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Thanks for all the input, folks.... Yes, I've learned my lesson, but she said she was getting evicted and has a household full of pets and I was worried about what would happen to the animals. In hindsight, I found out her boyfriend is a jailbird and I'm betting the money was for him. I can live without the money, but since I mentioned this to a few friends after months of no payment, I've found she's screwed them over as well, just not in a lump sum like she did me. So court is later this month and I just wanna have my ducks in order, if for nothing else, to make her sorry she treated me this way and lied to me. She's ticked off a lot of people by taking advantage of my love for animals, so we sit around conjuring up ways to torment her and embarrass her. Not sure I'm nasty enough to actually do any of them but at least plotting against her makes me feel better, even if it's for naught.

 

I just didn't wanna get myself in trouble with my collection efforts if I decide to partake. Thanks for your input, everyone! It's appreciated!

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Thanks for all the input, folks.... Yes, I've learned my lesson, but she said she was getting evicted and has a household full of pets and I was worried about what would happen to the animals. In hindsight, I found out her boyfriend is a jailbird and I'm betting the money was for him. I can live without the money, but since I mentioned this to a few friends after months of no payment, I've found she's screwed them over as well, just not in a lump sum like she did me. So court is later this month and I just wanna have my ducks in order, if for nothing else, to make her sorry she treated me this way and lied to me. She's ticked off a lot of people by taking advantage of my love for animals, so we sit around conjuring up ways to torment her and embarrass her. Not sure I'm nasty enough to actually do any of them but at least plotting against her makes me feel better, even if it's for naught.

 

I just didn't wanna get myself in trouble with my collection efforts if I decide to partake. Thanks for your input, everyone! It's appreciated!

 

You do realize that you will pay even more taking her to court. Assuming you get a judgment what then? Don't waste the time and additional money unless you know you will be able to levy something. It's not that easy to do and she may have a fair amount of practice evading creditors already.

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Thanks for all the input, folks.... Yes, I've learned my lesson, but she said she was getting evicted and has a household full of pets and I was worried about what would happen to the animals. In hindsight, I found out her boyfriend is a jailbird and I'm betting the money was for him. I can live without the money, but since I mentioned this to a few friends after months of no payment, I've found she's screwed them over as well, just not in a lump sum like she did me. So court is later this month and I just wanna have my ducks in order, if for nothing else, to make her sorry she treated me this way and lied to me. She's ticked off a lot of people by taking advantage of my love for animals, so we sit around conjuring up ways to torment her and embarrass her. Not sure I'm nasty enough to actually do any of them but at least plotting against her makes me feel better, even if it's for naught.

 

I just didn't wanna get myself in trouble with my collection efforts if I decide to partake. Thanks for your input, everyone! It's appreciated!

 

You do realize that you will pay even more taking her to court. Assuming you get a judgment what then? Don't waste the time and additional money unless you know you will be able to levy something. It's not that easy to do and she may have a fair amount of practice evading creditors already.

 

Yeah, she couldn't be bothered to pick up certified letters from the court so I had to pay extra to get her served by the Constable. I figured carry it through to the end. Her parents are rich, so assuming she's in their will, I'll pounce then. All she had to do to keep me at bay was pay me $20 a month.. until forever... but it would have been an effort. She chose not to so someone's gotta make a point to this woman that you can't screw people over, that there are consequences. BIG TIP HERE: Had I known she didn't have a bank account, that would have been a red flag to me that she's got issues. Of course, I found that out after the fact. Having the money back would be extremely nice, but it's as much as making a point to her that this type of behavior isn't okay. Like I said, because I kept this quiet for months because she asked me to, I wasn't aware of her other screwings....when she found out I had the nerve to vent to a mutual friend after months of no money from her, she decided that I betrayed her and that she was off the hook for paying me back because of MY actions. She's twisted.

 

The weird thing is after I filed, I felt better. It wasn't the last thing I thought of before going to bed; it wasn't the first thing I thought of getting up. So although I've spent money to recoup money (all but $6 for certified mail is added to the judgement), I feel better. Much better. And I anticipate feeling even better with a judgement against her.

 

I don't regret helping someone in need. I regret helping her. I'm guilty of not doing my homework and talking to mutual friends, but when someone asks you not to, you honor that. At least that's what I thought. Definitely learned a thing or two, albeit a little late.

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