How Can I Get My Own Money Back That I Lent to a Friend?

Hi there,

One of my friend borrowed money from me, and kept tell me that will return me back soon since last month- we's been contacted each other via social media platform, so yesterday trying to call her and just realised that she changed her mobile number without telling me, sent several messages via social media as used to, no response, so what should I do to get my money back. Before she told me she was cheated by her girlfriend, then resulting in financial difficulty, she is VIC, but I am in NSW, please help me, thanks

Comments

  • +2

    You're never going to get it back.
    Take it as a lesson to never lend money to people who need it.

    • +5

      Only lend money to people who don't need it ?

      • +14

        Yes.

        Example:
        Borrower 1 wants to buy something from the market and borrows $20 because they dont have cash on them. You know theyre good for it and will pay you back when they see an atm.

        Borrower 2 wants $500 to pay their rent because they make stupid financial decissions such as buying the latest iphone/xbox and renting a house they can't afford. They will gradually ask for more money over time to support their expensive lifestyle without paying any of the previous money back. One day you will wake up and stop lending to them. You will then ask them to start paying it back. They keep putting it off then before you know it its been a year. 3 years. 5 years. Then you know youre never getting it back.

        Been there, done that. Learnt a valuable lesson. Never lend money to people who need it.

        • It feels like a lot of the responders including myself has been caught up with Borrower no.2… starts off like borrower 1… but become borrower 2

      • +3

        Well, yes.

        Generally people who literally need money, don't have a cent and won't be able to repay.

        Generally the people who can repay have the money, and/or the income, just not that moment.

  • +16

    Small claims court. Get a writ of possession , have the sheriffs execute. Failure from them to repossess , you could potentially force bankruptcy.

    • +3

      This is the only thing that works. I've done it myself to a formwr mate who owed me a couple of grand. They can also arrange to garnish their pay if need be.

  • +2

    Try threatening to name and shame.

  • +8

    There are lots of ways of tracking somebody down yourself.
    You can do this via relatives etc.. Send a message to a friend, mum and say you wanted to send her a gift but don't know her latest address and don't wish to spoil the surprise (and it will be a surprise).

  • +6

    If you're willing to play it dirty, message her family and friends on Facebook and tell them what she's done. You might not get the money back but it will be 'revenge'.

  • +1

    If all else fails and you give up then you need to name and shame on your / her feeds.
    For all you know she is currently doing the same thing to somebody else, and may again in the future.
    She needs stopping.

  • +8

    I've fallen into the same trap but deep down I knew I wouldn't see that money again. I read a US study claims two-thirds of personal loans are never repaid so you're in good company.

    Your advantage is it's just a "friend"/former flatmate. When it's a bestie since childhood or a family member it's much more awkward.

    If you wish to salvage the friendship, you can ask if they'd like to start paying in installments. If they never reply you can send a letter of demand giving a time-frame for repayment and threatening legal action should the money not be received. Should that fail you would normally file a claim for less than $10,000 in the local court (http://www.lawaccess.nsw.gov.au/Pages/representing/Local_cou…), > $10,000 in the General Division, but the fact she's moved to another state just means you need to fill in an extra section (" 'Service in Australia but Outside NSW'" -
    http://www.lawaccess.nsw.gov.au/Pages/representing/Local_cou…). If you don't have a written agreement then it makes things difficult ("Oooh, I thought it was a gift"). Generally as a plaintiff you don't take things all the way to the supreme court unless you're sure to win. You don't need a lawyer to represent you unless the amount is worth your time after their fees.

    Is she a permanent resident?

    • +22

      Thanks for taking time to give me the honest opinion. i have already made appointment with legal service next week, to see what advice they can give me. I have all conversation/ records she borrowed money from me. She's not a permanent resident yet, and worse comes worse, i will report to immigration as she breaches her condition - her current condition is to must stay in certain areas, but in fact she didn't.

      • +18

        Sounds like your ability to inform immigration might motivate her to pay you back. Try messaging her that.

        • +6

          Don't bother with a warning,
          we don't need more people like this here

        • @Beach Bum:

          I guessed your comment would be "too harsh" to which I was going to reply what you indeed wrote.

          I agree, but the point is to get the money back first.

          Then dob her in if you still feel slighted… She's still a Gronk for ghosting OP.

        • +6

          @ozbjunkie: there's no money,
          it's gone
          She will have just moved on to the next ' sucker ' .

      • She's not even an Australian permanent citizen? She'll just run away to wherever she originally is from after her visa expires. 10k, I'm afraid it's going to be one very expensive lesson.

      • You may not have a written agreement of a loan, but if you paid via bank transfer you have a record of transactions. It would help the legal service if you can produce any records of these transactions. Or any other transactions.

        If you gave her cash, and there's no agreement in place, it's not impossible to prove that there's a loan - but it does make it quite a bit more difficult.

        The other thing to consider is whether the person has any money to pay you back? If not, they can enter into an agreement to pay in instalments over time.

        Hopefully the legal service can be of some assistance.

      • +1

        Get legal advice first - you don't want to sound like you are blackmailing her.

  • +1

    Dude honestly. There is nothing you can do that is worthwhile.

    1. You take her to court, you will spend so much and you might get a court order in your favour, but she will not have the money to pay you anyway.
    2. Pay somebody to harass her, they will charge you money for it, she won't have anything to give them, harasser will then just harass you for money.
    3. You keep chasing her in the hope that one day she will pay you back.
    4. Ask a mutual acquaintance that knows you both well to get involved and chase her for you or at least mediate a payment plan.
    5. You just learn from this mistake and never do it again.
    6. Pray to whatever, god, statue, rock, animal you believe is god and hope that she comes through, or she befalls more misfortune in some way.
    7. Track her down… Kill her.

    My preference is option 4 or 5.

    • +2

      7

    • +5

      I believe traditionaly ,the breaking of the legs comes before option 7.

      • -1

        I would personally go for this option but OP sounds like such a little (profanity) that I don't think this will be an option for him. This b***h will no doubt keep doing this to other pathetic lonely guys because there are no repercussions or comeback for her. Hopefully one day someone she scams will have the balls to do something about it. Not this clown though - his only recourse is to post on a public forum lol

    • You missed the 'Bikies' step and need a much longer list.

      Far simpler than 7 and can possibly end up with the same outcome.

    • Dead People Don't Pay

  • +3

    My god !!! 10K.She cheat you .
    Remember , never ever money get involve in your friendship. Doesn't matter who it is.

    • never ever money get involve in your friendship

      Quite true. I've been with some of my friends for 15 years and we never talk about borrowing or lending money with each other after high school.

      • Exactly ,$$$ always causing trouble & problem in life.

    • +1

      Idk, something like $10 for lunch when you don't have change, paid back within 2 hours is okay I think.

  • +3

    Are you sure it was her? Her social may have been hacked and you sent $10k to whoever was controlling it

    • +13

      he probably wondered why she was asking him to send the money to a western union in nigeria

  • +5

    Judge Judy?

    • +2

      Absolutely terrible advice, and completely unrealistic for the OP to get their money back that way.

      Shame on you.

      Judge Judy has a 5k limit, where as the People's Court with Judge Marilyn Millian has a 10k limit.

      • Whoops, my mistake!

  • +1

    The only way is to take her to small claims court.

    Odds are she would need to be tracked down, which costs money.

    It's likely the court will find in your favour, especially if you have proof the transfer occurred, but it will be time consuming.

    I would pay a lawyer to send a letter to her, assuming you have her address. This might be enough to scare her into paying.

    There is a good chance that her Facebook was hacked, and you sent money to a scammer. How did you transfer the money?

  • +2

    Your starting propisition is does your friend have the financial ability to pay you back? Does she have any assets?

    If no, there is no point chasing her. You will spend maybe a couple of grand chasing her and if she has no money what then?

  • +1

    Anytime you lend money to a friend you have to consider that a loss. So many times friends don't pay back. 10k you should have had some sort if audit trail in place.

    This is an expensive lesson for you unfortunately.

    • This is my philosophy. If you don't want to consider it a loss, don't 'lend' money to friends.

  • +4

    Stange thing is ,
    if people know you have money there's always someone who feels they need it more ,
    and is willing to hit you up.

    But you don't seem to have learnt by it.
    Fact - you were stupid to lend money to
    'a friend'

    Suck it up

    • +2

      Another way to deal with this, is to not flash your money around.
      If you have poor self-esteem, find another way to inflate your ego rather than 80k cars / expensive clothes and watches.
      If people think you don't have any money, they won't try to exploit you.

    • haha "had" a friend like that… another friend bought a house mortgage and all… all of a sudden said friend felt he could/should get a 50k "borrow" from friend with the house… when he didn't he ignored mortgage friend for 6mths

      edit: should note that "said" friend earns more than all of us and lived a high life beyond his mean

  • +2

    Ha ha ha ha ha ha ha ha ha ha ha ha ha ha. Good luck.

  • The best rule for lending to friends and family that I have learnt (in a painful way as well) is to lend them what you can afford to write off. I have lent to friends and family and barely anything has come back, luckily it wasnt $10K. Its sometimes hard to say no especially when you know someone is in trouble. Small claims would be the best way as suggested above, makes it easier if you had an agreement. Expect the process to be very time consuming, in the end I think you will find your friend has borrowed from lots of other friends apart from you. I wish you well with the recovery.

    PS. Sometimes you have to consider if its worth pursuing it especially if you know that the money was put to good use (beginning to sound philosophical here sorry!)They say Karma is very powerful otherwise, and that it takes a stronger heart to forgive than to seek retribution

  • If you have her passport details, find a dodgy banker and take out a 10k loan in her name. Or a credit card will also do. :)

    And you know the saying, if you lend some one money and never seem them again, consider it money well spent.

    • +1

      10k is kind of a lot to pay for that lesson…

  • -4

    Sometimes between friends the word "Borrow" is code word for "Gift" because it's too awkward to outright ask to be "Given" money so they ask to "Borrow" some with an implicit understanding that it's a actually gift and never will be paid back. If it was truly borrowing (rather than a series of ad-hoc "gifts") you would have mutually established terms of how much is to be paid back, in what instalments and at what frequency. When they don't meet any of those terms then you legally have a leg to stand on else you end up on an episode of Judge Judy with a he said/she said situation.

    • +1

      Have you watched Judge Judy?

      She would kick this girls a$$ up and down the court room if she told the Judge that she thought it was a 'gift'. Judge Judy would have this sorted in one 15 minute segment flat.

      Sure… She also would have had some choice words for the lender as well. But she ain't no fool. Hahaha

    • +1

      remind me to never lend you money

    • +4

      What a piss poor attitude to have. Even if you borrow $5 from a mate, you pay back every cent out of principle. I wouldn't want to be friends with anyone with that type of attitude. Hey mate, can I please 'borrow' 10K? wink wink I will 'pay' you back wink wink. Just…no.

      • um I am not trying to have an 'attitude', I am trying to explain the nuances of the English language and that there are two sides to every story. The OP didn't even say the amount until asked and even then he said "roughly 10k" then later talked about it being over several transactions/bills etc. This leads me to believe that there were adhoc bill payments or purchases over time, eg they were housemates and they split the bills but he "lent" her share of the bill occasionally without a solid mutual understanding of who is paying who back what amount by when (ie some resembelence of a 'contract' whether it be verbal or otherwise). Hence the Judge Judy comment because she would look at BOTH sides of this debacle.

        You are taking what I said out of context. It is fine to borrow money off friends or whoever but you have to treat them as you would a bank, to the point of putting the terms down in writing and signing this together to form the contract.

        • I'm not accusing you of having an attitude mate. I'm saying I hate the type of people with that 'borrowing means not paying back' attitude that you described.

          However, if everything OP said is true then there really ins't a logical reason that the friend shouldn't pay the money back unless OP clearly said have the money and don't pay me back. I do agree that you need to put it into a contract if you lend a friend a huge sum though. However, just because OP was naive doesn't mean the friend should get off scot free on a technicality.

  • +7

    If she doesn't pay you back, use the $10k to deal a far more damaging life-long blow.

    Start paperwork for a case in the claims court and report her to immigration/border force.

    Loss of ability to stay / return to Australia would be a life-long issue for her, which may also adversely effect her future ability of obtaining visa's for other countries.

    • Don't threaten her (don't be a softie either) but clearly explain your intentions, and potential future consequences to her.

      If she is stupid/ignorant/careless enough to ignore it then so be it, she deserves any/all future repercussions.

  • +1

    All good advice re small claims. Do you know who her parents are? Contact them and tell them what she's done. Depending on where she's from, the loss of face might bet too much for them.

  • man i learnt my lesson when someone i lent money to, never gave back the $20, cheap lesson considering it was only $20, now $10,000? "fool me once, shame on you, fool me twice, cant put them blame on you, fool me three times, f**k the peace sign, load the chopper and let it rain on you."

  • +2

    The Golden Rule: Only lend to friends what you can expect to write-off.

  • +2

    This is the reason why you should never mix business with pleasure. The money is long gone just like the ex-girlfriend who will never return.

  • +1

    I know how that feels. Question is, how far are you willing to go to get the money back?

    In any case, there are two things you should do: Write down everything that happened. Draw a timeline of major events. When you have everything layed out in objective terms you can see if this was an accident, or whether there was a pattern to it, a plan.

    Second, get everything you know about her together. Think about everything you know about her. Where she works, school, hobbies. Her friends, family. Good chance with a little bit of inventive storytelling one of these can be used to find where she is now

  • +17

    Lawyer here. As always, this doesn't constitute professional advice, no lawyer/client relationship etc.
    Some good comments. From a financial point of view, it is likely not worth pursuing.
    If you want to do it out of principle, you can, and you can likely convince a magistrate that there was a loan without having paperwork (you will probably even get default judgment without any argument because she is unlikely to appear or respond to your claim), but the bigger issue could be enforcing the judgment. In WA, a lawyer is not able to appear in Court for a minor case claim (under $10K). And she can ask for the matter to be moved (although likely she would appear by phone).
    If she does appear, let me tell you what happened in my last similar matter for some context.
    A judgment was made by a Court for a debt against the respondent (so no doubt it was owing), and it was my role to enforce payment. A means enquiry was held to establish whether the respondent could pay it, a payment plan was ordered, that was not complied with, default enquiry proceeded, a bailiff served default papers on respondent, there was no income 'on the books' to make a garnishee order, and the magistrate wouldn't consider imprisonment for contempt of court, before the client dropped the matter. After 5 hearings, a convoluted story, and $4000 in further costs, the client did not receive their $6000 debt.
    So most likely a lesson well learnt…

    • +1

      I know it's how the law works but reading that really pisses me off that there is not more we can do in cases like these. It's pretty much stealing and should be treated as such if there is proof that the respondent owes money.

      • Lack of paperwork seems to be the issue here. And lack of careful decision making.

    • There's also potential for bankruptcy proceedings.
      Very popular approach in NSW … a debt as small as $5k is enough.

      Not clear how old the debt is either - statute may limit recovery.

  • +1

    How Can I Get My Own Money Back That I Lent to a Friend?

    You lent money to a "friend"? You aren't getting it back.

  • Like others have said assume it's lost for good……..

    Ask for weekly repayments, saying she can be deported for breaching various visa conditions.

    If you don't see any money start to trickle back into your account within a month, report her to Immigration.

    The other option you have is to somehow get in contact with her Parents and explain the loan to them. Chances are they will pay you out directly and within a week (if they have the financial capacity) and deal with her later when she's home.

  • Have you offered for her to pay you back in other ways? $10000 @ $200-$1000/hr depending on what she looks like. Win win.

    • +2

      Bonjovi. I think OP is 'Living on a prayer'

    • +1

      Yeah because indentured sex servant is always an option.

  • +2

    I know a guy who stole a debit card from someone, took the money out but was caught on the camera by the police after it was reported. He moved from NSW to Queensland soon after and was summoned by the court here to pay back the money to which he agreed. To this date, he hasn't paid anything back and the police is unwilling to help as he is in a different jurisdiction. BTW he owes me some money too. My best advice is confront her directly. It wouldn't be too hard to find where she lives with some help from your contacts and maybe through the police

  • +3

    There is no such thing as a friend where money is concerned. Ask yourself why they've asked you instead of getting a loan from a financial institution - too big a risk would probably be the answer.
    Now, what is that saying about a fool and his money? 10k makes you a super fool. If you're going to give money to someone as a 'loan' work on the basis that you've probably kissed it goodbye.
    It'll be an expensive lesson but learn from it.

    • Well for one, interest rates. However, I do agree with your sentiment. Unfortunately, some people are too inexperienced or naive to know how the real world works. An expensive lesson for OP.

      • +1

        I won't harbour on this point but anyone with any self-respect having got themselves into financial difficulty, and at 10k they must have realised that they were in trouble long before reaching that amount, would not demean themselves to ask for a loan from a friend, and would explore all avenues to either reduce or clear the debt no matter how much 'interest' they had to pay, that's if the 10k was legitimate.
        On the face of it, the OP has been scammed, and was gullible enough to take the bait.

  • +6

    I am Dr. Bakare Tunde, the cousin of a Nigerian Astronaut, Air Force Major Abacha Tunde. He was the first African in space when he made a secret flight to the Salyut 6 space station in 1979. He was on a later Soviet spaceflight, Soyuz T-16Z, to the secret Soviet military space station Salyut 8T in 1989. He was stranded there in 1990 when the Soviet Union was dissolved. His other Soviet crew members returned to Earth on the Soyuz T-16Z, but his place was taken up by return cargo. There have been occasional supply flights to keep him going since that time. He is in good humor but wants to come home.

    In the 14 years since he has been on the station, he has accumulated flight pay and interest amounting to almost $15,000,000. This is held in a trust at the Lagos National Savings and Trust Association. If we can obtain access to this money, we can place a down payment with the Russian Space Authorities for a return flight to bring him back to Earth. I am told this will cost $3,000,000. In order to access his trust fund, we need your assistance.

    • +6

      what can i do to help Doctor?

    • +1

      Perhaps he can use the emergency escape pod from the Chinese station + gravity + karma ,

      and he should aim for a marshmallow factory

      Good luck Major

  • +3

    Judge Judy.

    The cases are real. The rulings are final.

    • +3

      The cases are real. The rulings are final.

      "the show pays the "penalties", everyone is paid an appearance fee, travel and hotel charges. it's binding arbitration not a court."

      they always leave that bit off the end of the tagline

      • +1

        True.

        I was only joking.

  • +3

    A good education isn't cheap. Most people dont have to pay $10K to learn this one but hey at least you wont do it again…surely you wouldnt?

  • Unfortunately that money is gone my friend. Never lend money to a friend unless you're willing to either never see the money again or lose the friend. Sorry. Live and learn.

  • +1

    Pretty sure the first few comments have summed up your possible outcomes.

    General rule is that you only lend money with the expectation of it not being returned. Otherwise you can't afford to lend money.

  • -2

    how did you pay? credit card? chargeback time on a couple transactions so she gets the message.

  • Ask her to give you any amount of money she feels right and settle the things, if not all 10k.

  • -1

    You should feel good about being in a position to take care of yourself. Some Australians don't earn as much as you and will never have that 10k to lose in the first place. You should do what you can to get it back, but in the grand scheme of things it sounds like you're doing better than most, you can live a peaceful and secure life if you can pay all your own bills which is nice.

  • If you can get back in contact with her, make it easier for her to pay you back say like a few thousand every year etc.
    If you know a third party member ask them to confront her about it,
    If you don't know where she is, hire a private investigator.
    If you know where she is, threaten with legal action or any other bluff, tell her there's way investigators can find, that you recorded the phone calls and social media messages.

  • -2

    Surely this would have to qualify as the most stupid question of the year - so far?

    Judging from this and other recent questions people seem to have lost the ability to think sensibly, to think of consequences, in fact to think at all!

  • +1

    10k to never have to see that person again?
    Expensive yes, but if they gunna do you like that, it was worth it to be rid of them forever!

  • Sorry I think it's gone.

    Call Judge Judy, it always has these types of stories.

  • I have learned my lesson well. Never lend money to anyone without any collateral!

  • +1

    For starters, stop calling her a friend. Seriously.

    Next time get 10k worth of notes and throw them up in the air, on a windy day. Then you may actually get some back.

  • The golden rule of lending to family and friends is to lend with the expectation that you'll never see the money again. If you can't do this then don't lend to friends.

  • Never lend money to a friend, you will loose both :)

  • +1

    Presumedly due to your earlier discussing the issue on social media you will have some evidence there of her accepting that the debt actually exists? If so then you still have a decent case for the small claims courts even without a written loan agreement.

    If you can somehow get hold of her tell her that you feel like she has no intent to pay you back, and so you will be lodging a claim with the courts. It might be enough to motivate her to start paying you back.

    Otherwise just lodge the claim.

  • Looks like this thread has become the Ozbargain echo-chamber Olympics.

  • Earn 100k, ride push bike daily

    https://www.ozbargain.com.au/node/328690?page=3#comment-5061…

    I guess it won't mean financial ruin for you then.

  • +1

    Seems like all were unanimous regarding lending money to friends

    So my question is.
    How do you say no when your “current” friend ask you to lend money?

    sorry matey, i got no money. I got bills overdue and saving for iphone x
    i dont lend money to anyone. Tough luck dude
    f**k off. Me also poor. Lend me some money?
    you asked for $100. I only got $10 buddy. Here you go. Give it back next week!

    • +1

      "I don't have any money; in fact, I was going to ask to borrow ${amount_they_asked_for} from you?"

  • -1

    ask to munch on her rug for a few nights to make up for it

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