Legal Question in Credit and Debt Law in Georgia

I loan a person some money, we live in different states, the money was send to them via green dot card, now they refuse to pay me. How can I get my money while living in different place and cant travel.


Asked on 12/23/14, 1:43 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

In theory, you sue them in their state and collect. In reality, your chances are slim and that is the risk you took when you sent the money. Unless they choose to pay, you have to invest more money and a lot of time.

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Answered on 12/23/14, 2:28 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yoiu have learned an expensive lesson. Never lend money (especially out of state). Unless you travel to his state you cannot sue (and a suit is no guarantee you'll collect).

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Answered on 12/23/14, 4:46 pm

I have to agree. You are going to need a lawyer in the other person's state if you even hope top collect but I have a more fundamental question - what proof do you have that you made a loan rather than a gift? You sent the money to a person on a green dot card. This is going to be a gift unless you have something in writing or conduct evidencing that that this was a loan and meant to be repaid.

Depending on what was owed to you, it may be a fool's errand to chase a few hundred dollars as it will not be worth the time and trouble. In such case, it will indeed be an expensive lesson learned for you.

But it its worthwhile, how long has it been since the money was owed? Has a written demand been made for repayment? (not text messages and emails but a real letter). At the very least a lawyer from the state where the debtor resides should send a nasty letter. If it comes from a lawyer licensed to practice law in the same state as the debtor then it might make the debtor think about voluntarily paying. The debtor might even be willing to sign an agreement. I would direct your question to collection lawyers who are located in the state where the debtor resides and ask them: (1) whether you have a case based on what evidence you have; (2) find out the statute of limitations for that state and if it has begun to run; and (3) what it will cost to write a letter and pursue legal action if the debtor does not pay. Then you can decide to move ahead or not and will know how much time you have to pursue an action.

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Answered on 12/24/14, 8:09 pm


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