A co-worker borrowed money from me because he was nearly evicted from his apartment, I sympathized with his problem and borrowed money from friends and co-workers since I didnít have the money. In return I have spent more than 18 months begging for my money back. The amount was only $250 and I thought of a small claims court but I found myself full or rage, anger and distrust of everyone around me. When am at work around him I feel I should isolate myself and stay away from him because I am so mad and itís making my work environment very painful. I work 4 different jobs to make ends meet, I support my mother whoís not covered by medical insurance, 3 nieces cause their parents are unemployed and I work really hard to make sure no one in my family sleeps hungry. I cannot lose any of my jobs and aside for needing my $250 back I also need to keep my job where he works and he is not making it easier on me at all, I can not quit and I am truly scared I will have a nervous breakdown being around a person who took and still taking advantage of me every day. Can I Sue him to get my money back and for emotional distress?
1 Answer from Attorneys
You can sue for the money back but you can't sue for emotional distress.
1. You can't sue for emotional distress for a simple breach of contract, which this is...unless he has an argument that the money was a gift...in which case you don't even have a contract.
2. The emotional distress is essentially caused by you...not him.
First, NEVER loan people money if you expect it back. Not being paid back has caused you a great deal of abnormal stress and you should learn from this to never give out money again.
Second, remember if the person has to borrow, it is a very good possibility that they don't have it to give back.
Finally, even if you get a judgment, the debt collections laws in NC are difficult. You may never actually collect on the judgment. I strongly recommend moving past this.