Posted: 11/6/2007 7:04:04 AM EDT
I loaned a waitress who works for Applebee's $2,000 on Apr 27 of this year and it's kinda looking like i have been taken  This is a freind of the familes and the *only* reason i did this. From what i have been told,i cannot take a waitress to small claims court?Does anyone know if this is true? I have a signed promissary note where she agreed to make $25 per month payments if that does me any good. Any options you can think of besides me trying my hardest to not let this disrupt my mind / life?  I did have to take someone to small claims over a small loan before in Cherokee Co. but he worked by the hour.He never showed up so i won and his wages were garnished. Thx for any help. |
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There is nowhere in the law that I am aware of that states that wait staff are exempt from being sued from not living up to their contractual obligations. Go to the small claims court and file the paperwork. The promisory note is a big plus in your favor. Did it state a time frame in which the money was to be paid back in? |
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Man, I have no idea what to tell you. My wife was thinking of loaning a friend some money and I told her what I've always heard, "Anytime you lend a friend or family member money, look at it as a gift where your lucky if you'll be repaid and only do it if you can afford to not be repaid." May have a sitdown with her and explain why you made the loan and that you wish to be repaid, it WASN'T a gift. Inform her that the last loan you made went sour and you had to garnish somebodies wages and that the court could take more per month from her than she promised to pay. (wether true or not). You know where she works so she ain't hard to find. 
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| Doesn't matter how they get paid, you can get a judgement against them for what they owe. Otherwise, everybody would be working as a wait staff and not fulfilling any contractual obligations. They wouldn't be able to get mortgages, loans, credit cards, etc. So, forget the nonsense you were told and go get the paperwork filed and get the ball rolling. |
Wow.....i am very humbled by your offer Sir. Thanks for the advice / answers from all,i really appreciate it. Ok..........obviously i am becoming "concerned" but not ready to take action I am a Christian and the loan was to a Christian.Her profession of this is what swayed us into loaning the money. Court is last resort and hopefully one that can be avoided.I will be speaking with her today and remind her of what she told us when seeking to borrow,hopefully her conscience will improve our relations  Thx again......... |
Please take this advice seriously: Pray about this tonight, for as long as you can pray. If the Lord hasn't moved her to pay you back by noon tomorrow, sue her sorry, "I professed Salvation, in order to bilk you out of the money" ass into oblivion! |
First thing I'd do after obtaining a judgement is inform the three credit agencies. That stuff hurts. |
I know a buddy who owned his own garage and he sold it due to the no. of people who would be in his shop praising Jesus and asking for more time to pay their bill. In the end he couldn't pay his bills. I consider myself to be a Christian and this stuff sickens me, I know all too well that there are far too many people who make that claim who could care less about anything but what they can get from people by making it. I had to have a talk with a family member recently about people who like to talk the talk, but they can't or won't walk the walk. For some people its just fun to "play Christian". |
I am very sorry to hear that,hopefully He blessed you (took care of you) because of what you done for them and what they did to you  Unexpected business,health,stocks rose,avoided an accident....the list could go on,and on,and........and most likely you would never know He was behind the goodness you received!! This is especially true if you trust Him,know Him.He will take care of you  Man i really hate even considering the options i have,i was hoping it wouldn't come to this Probably end up letting Him handle it according to His will.I know those of you who do not have Him as your freind do not understand this but we who trust Him have to have faith in Him in ALL area's of our lives. I feel kinda bad for even asking about the possibility of taking her to court for her wages to be garnished as she is a widow with 2 yunngins.... Sometimes it isn't worth it,taking food from the young kids mouth? |
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My honest advice, there is a time for charity and a time for good business. If you felt led of God to give her this money; then it would be wrong to in turn ask for it back later. Now if you were being generous by allowing her time to repay it and not charging interest she should not take advantage of you by refusing payment. Remember that While Jesus was all for forgiveness, he also believe that people should pay their debts. My interpretation of the following verses is that if someone makes an honest effort to pay you you should work with them. But when you find that someone is just playing the system, it's perfectly alright to turn them over to their tormentors. I think you're more like the lord in the parable then anyone else. I always say I'd be willing to forgive more of my debts if my debtors (the evil overlords at Salliemae, all hail salliemae) would forgive mine... 23": Therefore is the kingdom of heaven likened unto a certain king, which would take account of his servants. "24": And when he had begun to reckon, one was brought unto him, which owed him ten thousand talents. "25": But forasmuch as he had not to pay, his lord commanded him to be sold, and his wife, and children, and all that he had, and payment to be made."26": The servant therefore fell down, and worshiped him, saying, Lord, have patience with me, and I will pay thee all. "27": Then the lord of that servant was moved with compassion, and loosed him, and forgave him the debt. "28": But the same servant went out, and found one of his fellow servants, which owed him an hundred pence: and he laid hands on him, and took him by the throat, saying, Pay me that thou owest. "29": And his fellow servant fell down at his feet, and besought him, saying, Have patience with me, and I will pay thee all. "30": And he would not: but went and cast him into prison, till he should pay the debt. "31": So when his fellow servants saw what was done, they were very sorry, and came and told unto their lord all that was done."32": Then his lord, after that he had called him, said unto him, O thou wicked servant, I forgave thee all that debt, because thou desiredst me:"33": Shouldest not thou also have had compassion on thy fellow servant, even as I had pity on thee? "34": And his lord was wroth, and delivered him to the tormentors, till he should pay all that was due unto him. |
I know all about SallieMae. I wrote the last check to them for my wife in August. If you think it is bad writing the check for your school, write some for someone else. (She works and has more than paid for it, but I write the checks for all the bills so I get to stress over them). My father always told me to never lend money to a friend, because they will hate you for it. We tend to end up not liking those who we owe money to. If you feel the need to help, it should be a gift. Then if it gets paid back, it is a pleasant surprise. |