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need some help from anyone familiar with law


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As in knowledge on contracts and stuff?

 

Basically I just need to know how long a written contract is good for in the state of illinois.

 

Last year in April of 2012 I loaned my roomate at the time $1000 which was to be paid back as $50 a week by him until the $1000 was paid off. We had a written contract that said this, and as of today he still owes me $600.

 

Everyone says I should take him to court, but I mean he has always had some kind of reason why he could not pay me any money, like he had to give his ex some extra child support, had to go see a few concerts in chicago, but a hamster, etc.

 

So I mean I wanna give him a chance and not be a dick and take him to court, but someone said they thought that contracts only had a year for them to be valid, and then the contract is void. Is this true?

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Last year in April of 2012 I loaned my roomate at the time $1000 which was to be paid back as $50 a week by him until the $1000 was paid off. We had a written contract that said this, and as of today he still owes me $600.

 

Was it notarized.

 

Everyone says I should take him to court, but I mean he has always had some kind of reason why he could not pay me any money, like he had to give his ex some extra child support, had to go see a few concerts in chicago, but a hamster, etc.
That's bullshit. You don't pay money to stick a hamster up your but, generally someone pays you. Don't let him get away with this excuse again.

 

So I mean I wanna give him a chance and not be a dick and take him to court, but someone said they thought that contracts only had a year for them to be valid, and then the contract is void. Is this true?
If that were true then everyone could walk away from their 2 year cell phone/satellite service/cable contracts after a year. Obviously not true since the people who stop paying get thrown into a collections agency pool, as per their agreement.

 

The time isn't the factor, the legitimacy is. And even if you take it to small claims and "win", a couple of things will happen:

 

1. He won't show up and you'll win on default but with no way to collect the amount as enforced by the court and on top of everything else you'll be the one to pay court costs.

 

2. He does show up and denies the legitimacy of the contract. Without notarization or an unbiased witness also signing the contract, he'll win with this defense.

 

3. He does show up, agrees that he has to pay, apologizes for not paying and leaves the courtroom. And you never see him again. In that instance where a pay schedule is set up and he misses it, you may return to court, pay more court costs and the judge may, though unlikely, issue a bench warrant for contempt of court by not communicating with the court and with you. Police will not actively pursue him, but the warrant will pop up if he's arrested for something else and may be transferred to that judge's authority after whatever his initial arrest is concluded. And that's if he's dumb enough to still leave in the county/jurisdiction where the judgment is ordered. I have only ever seen someone arrested and transferred from one jurisdiction to another over a debt in regards to child support, never alimony or private debt or anything else of the sort.

 

YMMV, I'm not a lawyer, I've not even graduated high school yet, everything I just said is anecdotal.

 

There is a solution that always works, though.

 

Kneecaps.

 

Oh! I take it back, there is one route you can go without taking it to court or making them wish they were never born. Arbitration.

 

http://en.wikipedia.org/wiki/Arbitration

http://www.aaamediation.com/

Edited by Felonious Monk
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we do have a written agreement that we have both signed, I made him a copy but I think he threw it away, but I have the original copy of the written contract with the original signitures on it. I also have a documented list of all the payments he has made me, and such.

 

So it's pretty much pointless to take him to court over it? Someone was telling me that they could garnish his wages for the payments to me if I won, and that I could have the court costs included in what he owes me if I wanted. (They also said if I really wanted to be an asshole I could not bring in that paper that shows what he has paid so far and just say that he never made any payments to me and I could get the full $1000, since he doens't have any sort of checking account that would have records of anything)

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we do have a written agreement that we have both signed, I made him a copy but I think he threw it away, but I have the original copy of the written contract with the original signitures on it. I also have a documented list of all the payments he has made me, and such.

 

So it wasn't notarized.

 

So it's pretty much pointless to take him to court over it? Someone was telling me that they could garnish his wages for the payments to me if I won, and that I could have the court costs included in what he owes me if I wanted.

 

I added more to my post. Look into an arbitrator.

 

I've never seen garnishment for small claims. I have only ever seen court costs paid by the plaintiff save for when the defendant agrees to pay court costs as part of a settlement.

 

If they fail to show, the judge will say, not kidding, "court finds in your favor, but someone's got to pay the court costs and I can't make someone pay who's not here. Might as well be you."

 

(They also said if I really wanted to be an asshole I could not bring in that paper that shows what he has paid so far and just say that he never made any payments to me and I could get the full $1000, since he doens't have any sort of checking account that would have records of anything)

Yes, because that's what you want. A shot at a perjury charge worth a decade of prison time.

 

Don't. Lie. In. Court.

 

Ever?

 

Never ever.

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As in knowledge on contracts and stuff?

 

Basically I just need to know how long a written contract is good for in the state of illinois.

 

Last year in April of 2012 I loaned my roomate at the time $1000 which was to be paid back as $50 a week by him until the $1000 was paid off. We had a written contract that said this, and as of today he still owes me $600.

 

Everyone says I should take him to court, but I mean he has always had some kind of reason why he could not pay me any money, like he had to give his ex some extra child support, had to go see a few concerts in chicago, but a hamster, etc.

 

So I mean I wanna give him a chance and not be a dick and take him to court, but someone said they thought that contracts only had a year for them to be valid, and then the contract is void. Is this true?

 

Give him a chance? I think you've done that already. You should indeed take him to court...or smash his fingers with a hammer since he hasn't payed up.

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As in knowledge on contracts and stuff?

 

Basically I just need to know how long a written contract is good for in the state of illinois.

 

Last year in April of 2012 I loaned my roomate at the time $1000 which was to be paid back as $50 a week by him until the $1000 was paid off. We had a written contract that said this, and as of today he still owes me $600.

 

Everyone says I should take him to court, but I mean he has always had some kind of reason why he could not pay me any money, like he had to give his ex some extra child support, had to go see a few concerts in chicago, but a hamster, etc.

 

So I mean I wanna give him a chance and not be a dick and take him to court, but someone said they thought that contracts only had a year for them to be valid, and then the contract is void. Is this true?

 

I'm sorry but those are not good reasons to not pay you back and you really shouldn't have let him get away with that.

 

Unless you're hard up for cash I would just kick him out, cut ties with him, and cut your losses. In the big picture, $600 really isn't that much cash and it doesn't sound worth all the hassle to me. Just my opinion...not that you asked for it. ;)

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http://cdnl.complex.com/mp/620/400/80/0/bb/1/ffffff/0c14c3003c9b89c16a4bb27dc8fc960a/images_/assets/CHANNEL_IMAGES/POP_CULTURE/2012/01/judge%20judy.jpg

 

http://cache.gawker.com/assets/images/13242/2010/10/screen_shot_2010-10-11_at_5.21.17_pm.png

 

http://2.bp.blogspot.com/-F2NIaKRKg2E/TzLZ634aiOI/AAAAAAAABPU/m1yhjeRndwk/s1600/judge-hammer.jpg

 

http://blog.nielsen.com/nielsenwire/wp-content/uploads/2008/07/pile_of_dollars1.jpg

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...or smash his fingers with a hammer since he hasn't payed up.

Depends on what job he does, because you don't want him out of commission without pay where he can't pay you. Kneecaps are a painful way to get the point across without debilitating the individual for too long.

 

That said, I lol'd at this:

 

http://answers.yahoo.com/question/index?qid=20120315104747AAQ1NhG

 

"Will a loan shark help my credit?"

 

heeeee

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cool, thanks for the replies! It sounds like taking him to small claims really isn't worth my effort since I will have to end up paying the court costs which will prolly be almost as much as he owes me haha. And yeah I really shouldn't have let him go this long without paying me, but every time I thought about getting strict with him a part of me would always be like "dude he's never done anything mean to you or said anything mean, so why are you going to suddenly get all serious on him?"

 

and then I would feel bad. by the way, what is the difference between written statement and notarized?

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and then I would feel bad. by the way, what is the difference between written statement and notarized?

A written statement can be notarized.

 

http://en.wikipedia.org/wiki/Notary_public#United_States

 

It requires an official who oversees the agreement, signs as a witness and marks it with their seal. As always, YMMV, but locally my court clerk doubles as a notary.

 

To get back to your issue, the bluff is generally more powerful than the actual act. Calmly claim you may pursue legal action, but be willing to settle for a lump sum of $400 or so or if he provides to you an equivalent trade of the remaining value of $600 in order to settle the debt. A good way to coax that is to say "look, we need to get this settled because I want to be able to be there for you in the future."

 

The key thing with that statement, though, is to NOT put yourself in that situation again.

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Was it notarized.

 

This. Always take things like this to say, your city hall and get them notarized. They won't mean much in the eyes of the law if you don't.

 

cool, thanks for the replies! It sounds like taking him to small claims really isn't worth my effort since I will have to end up paying the court costs which will prolly be almost as much as he owes me haha. And yeah I really shouldn't have let him go this long without paying me, but every time I thought about getting strict with him a part of me would always be like "dude he's never done anything mean to you or said anything mean, so why are you going to suddenly get all serious on him?"

 

and then I would feel bad. by the way, what is the difference between written statement and notarized?

 

Well, it sounds to me like you have a pointless "he said/she said" type case, however it won't really cost you anything besides time. You don't need a lawyer to go to magistrate court and you only have to pay witnesses, etc. $25 a day in compensation (same as jurors, but you won't have those, magistrate court cases are decided by the judge, in most cases) and to file a case only costs about $150 (but this varies by district, so check your individual county's laws), or if you're poor, you can file a Pauper's Affidavit and pay a reduced fee (again, varies by district). Still, I wouldn't bother.

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It really depends on how badly you need the money. Honesty unless you are going to do a Court TV show (where you get paid to appear if you win or not) I would say it would be pointless. Getting on a Court TV show isn't hard, but do you really want to go on national TV over it? Court fee's alone would be a hassle not to mention time you would have to take off work. Best just chalk it up to a lesson well learned, sucks but kinda how it goes. Never loan money to friends or family and expect to stay friendly and to get the money back. If you're good friends with the guy I would look at it as his birthday present from you for the rest of his life.

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As in knowledge on contracts and stuff?

 

Basically I just need to know how long a written contract is good for in the state of illinois.

 

Last year in April of 2012 I loaned my roomate at the time $1000 which was to be paid back as $50 a week by him until the $1000 was paid off. We had a written contract that said this, and as of today he still owes me $600.

 

Everyone says I should take him to court, but I mean he has always had some kind of reason why he could not pay me any money, like he had to give his ex some extra child support, had to go see a few concerts in chicago, but a hamster, etc.

 

So I mean I wanna give him a chance and not be a dick and take him to court, but someone said they thought that contracts only had a year for them to be valid, and then the contract is void. Is this true?

 

Take his thumbs. He owes you money, so he should pay up. Maybe he shouldn't have knocked up some slag in a fit of drunken passion, shoved hamsters up his arse, and gone to see Justin Bieber play in Chicago.

 

If he doesn't pay up, send me round. I can be very persuasive. I can pretty much cry on demand.

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hahaha! Some of these replies I have gotten the same repsonse from co workers haha ( co workers saying that they would slash his tires for $100 haha)

 

One co worker even said for me to tell him that if he let me kick him in the nuts, I would take $50 off for every time he lets me do it haha

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need to post 5 comments.

[ame=http://www.youtube.com/watch?v=0jqlMGmyVmo]Kruger Looses His Sanity Playing Quake... - YouTube[/ame]

This sums up my feeling of these posts.

 

Further, no, none of you guys need five posts. What does it fucking get you? A website feature that doesn't fucking work? And when you post in Off Topic it doesn't contribute to your postcount.

 

Nevertheless the point of a postcount threshold is to contribute. Not post your inane shit all over the place.

 

hahaha! Some of these replies I have gotten the same repsonse from co workers haha ( co workers saying that they would slash his tires for $100 haha)

 

One co worker even said for me to tell him that if he let me kick him in the nuts, I would take $50 off for every time he lets me do it haha

Well, in a world without debtors prison and where we reward fucking over the honor system through credit cards and bankruptcy abuse this is the exact environment that was going to pop up; people will do stuff to nice people because they can get away with it, and other people like him will pop up and willingly maim him in order to White Knight the nice guy.

 

Endless cycle.

Edited by Felonious Monk
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I would highly recommend speaking to a local attorney instead of asking for advice from the internet. Most people are not qualified to give you any level of advice when it comes to law, and a lot of the advice you are given could be dead wrong.

 

This case isn't so much knowing the law as it is considering the following factors:

 

  • how much money is owed
  • how much money you will have to spend on court costs
  • how much your time is worth (ie, if you have to take time off from work to go to court how much money are you losing)
  • if you decide to go to court, the likelihood of winning
  • if you win in court, the likelihood that the defendant will actually pay

The only thing that really might need a lawyer's consult is the fourth item; TC may very well be able to make a decision without getting that far.

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I would highly recommend speaking to a local attorney instead of asking for advice from the internet. Most people are not qualified to give you any level of advice when it comes to law, and a lot of the advice you are given could be dead wrong.

 

I am not a lawyer.

 

Which goes to follow that this doesn't constitute as legal advice specific to the OPs situation. Hell, it's a conversation where one of the options was breaking kneecaps. I think it's safe to say that OP knows no one is playing lawyer here and was seeking anecdotal information before they sought actual legal advice which is a completely legitimate and wise thing to do because even a half decent lawyer will charge you for a consultation. Especially if it's over something like this and they expect you to have your ducks in a row and you failed to do so.

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I've never seen garnishment for small claims.

 

I have. A former coworker took his ex-girlfriend to small claims because he stupidly "loaned" her a fairly large sum of money over time (which she obviously saw as gifts from a BF). For some reason the court actually sided with him and garnished her wages.

 

 

Don't. Lie. In. Court.

 

Never ever.

 

Truth. Despite what most foolish Americans think the Government didn't go after Barry Bonds and Roger Clemens because they used steroids. They went after Barry Bonds and Roger Clemens for lying to a Grand Jury and in the process interfering with a federal investigation.

 

There are two things you don't do to the government or they will try to come at you with their full force: 1. Commit perjury and 2. Fuck with their money.

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Was it notarized.

 

So it wasn't notarized.

 

This. Always take things like this to say, your city hall and get them notarized. They won't mean much in the eyes of the law if you don't.

 

The lack of notarization does not render a contract invalid in some states, however I do believe Illinois does require a seal (not 100% positive on that though), and as I stated before if you were to try to go on Court TV it really wouldn't matter. It is something good to know if you ever plan on lending money again... Although as I recommended before I wouldn't.

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The lack of notarization does not render a contract invalid in some states, however I do believe Illinois does require a seal (not 100% positive on that though), and as I stated before if you were to try to go on Court TV it really wouldn't matter. It is something good to know if you ever plan on lending money again... Although as I recommended before I wouldn't.

 

 

I may not render contracts invalid in some states but the lack of notarization makes it very difficult to prove both parties actually agreed to the contract. Otherwise, one side could just argue that the other drew up the contract on their own and forged signatures.

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