WILL MY FAMILY GET HURT BECAUSE OF THIS?

in #life7 years ago

I have a fear that I may expose my family to harm and violence if I go through with a process I need to go through. Any advice, story, and experience (especially business people) will be greatly appreciated.

Here is the story, on the 15th of November 2016 I lent some money to a business acquaintance that I sold some content to as I am a freelance writer. I do not know this lady very well, but aside from the standard professional job I heard bits and pieces that she is into other businesses that she does not like to talk about. And I did not want to know about it. She approached be to ask if I can loan her some money for an illness in the family. I had excess funds, and she has always paid me on time every time and seemed to not have a problem with money or cash flow. Of course I was reluctant. But for a fool like me, it is hard to walk away when I know that her mom had redeveloped cancer and needed surgery fast. So I loaned her the money $5000. And she agreed to return it to me in one month. And she offered to pay me more on return. So ok I drafted this and asked her to sign it...

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The next day I sent her $5000...

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So I waited for a month and I was about to travel overseas to visit my mother in law with my wife and I did not think much of it.

A month passed and she contacted me and said she needs more time... I ask how long and she said she does not know. I did not yell or curse. I just said that was unacceptable.

When I returned from overseas in January I looked her and the situation has not changed. Now I did not want to back anyone into a corner as that does nobody any good. I needed my money back, but I was not prepared to take her to court and cause her more pain. She has been through enough. We gave her an opportunity that she will pay me $500 a week until this is cleared.

In the meantime time I made a few phone calls to people we know both know to verify if any of her story was fabricated. No one was able to answer my questions, but 2 people did tell me she is a prostitute when she was not doing her day job. At that point I did not judge, I did not care, I just wanted my money back as I just spent a bunch of money on my holiday and bought a BMW.

She gave me her solid word that she will not default. And the agreement was that if she defaulted I will not pursue it personally as I did not like the feeling of dealing with this person. I told her I will use a government certified debt recovery service to recover my money. She understood and it went well at first. There was lateness, there was even a time when she stopped paying. As frustrated as I was I still did not pull the trigger on debt recovery as I did not want to cause her any further pain. She has two aged parents and two little boys. Someone out there owes me half a million dollars that I have not recovered (My life has been very average since) and I did not take action against them as it would have caused bankruptcy and I will get nothing back. Instead I assist where I can.

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I kept a record of this on my iPhone and as you can see there were delays. But I did not charge for any of that. I did not want to make it harder for her. During this time there were times I was tempted to raise my voice as she just did not answer her phone and was very irresponsible on the accountability of what she agreed to.

When she had $1000 outstanding. She did not want to pay it. She got loud and abusive. And once even when I phoned her to say, don't worry about it. She cursed abusively again. So I changed my mind. She has even threatened me if I pursue this further.

At this stage I would like to have my money back. I am about to purchase a home for me and my new family. It has taken me 8 years to achieve this through hard work since I lost everything in the 2008 GFC, and then a divorce where I lost everything again. I would like my wife to have a place to call her own, and my son to have his own room when he comes to stay. I try to be responsible and frugal. And this $1000 I was going to use some of it to celebrate my 40th birthday in a couple of week with the closest family and friends that loved me, helped me, and supported me through these horrific years of hunger and staying on friends couches. I have never in my life celebrated my birthday in a big way and this is for my loved ones as much as it is for myself, and I wanted them to see that I am doing well now which means a lot to them. And their happiness is my happiness.

At this stage there will be no birthday party as I have committed to buying this home. This one month debt is now 7 months overdue.

Not in about half an hour I am going to send through the forms and all the information I have available on this person and I will not have to speak to her again.

My worry and my question is. In these scenarios if the collection agency (legal one) causes her stress, and she wants to take it out on someone, am I protected? And is my family protected?

So if anyone has been through this, or knows of someone who has been through this. Or knows of a story where someone has been through this I would love to hear about it.

Any help is much appreciated.

Regards

Yoda

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When you say she had $1000 outstanding do you mean she had paid back the $5000 and now owes the $1000 interest she agreed to pay or do you mean that she has paid back $4000 of the $5000 she owes?

It is the interest she promised me. That is why I was willing to let it go. When I went to let it go she threatened and abused...

I may just let it go. But I did lose some from not having this money for so many months

Tell me your thoughts

Blank

Oh I have had that before lol... I need to call the the collection agency soon and action this if I am going to do this .

Real question though is will my family be safe.

"Real question though is will my family be safe."
No one can answer this for you as we dont know her, or what she is capable of.
You already said you were willing to let it go, so I suggest you just do.
Going to an agency will only get you a portion of the $1000, and how much more stress and pain will you go through to get it? more than it's worth I bet.
Just take the lesson and walk away.

Perhaps you're right.

Also, the fact that you were charging an effective interest rate of 240% per annum might not hold up too well in court... just saying. That wont be seen as doing her any favours...

And I got my capital back

There is this saying: If you lend money consider it gone. Is 1000$ worth the anger, stress and the potential danger of your family? That are questions only you can answer and it depends on how much you need the 1000$. I wouldn't do it to prove a point or to do "the right thing". Only do it when you really need the money!
Unfortunately I can't answer your questions regarding protection. I have no experiences with collection agencies. Maybe ask them what methods they will use.
Alternatively you can wait some time and talk to the person again. Saying you're feeling hurt from your last talk and you only want to sort it out the civilised way.

Keep us updated :)

Thank you coach ;) I will keep you guys updated for sure. I spoke to the agency, and they are legal. I have a few things to leverage on her as I have told you what she does now and what she fears. But I really don't want to cause anyone harm. I don't do that... However there is an inner struggle when it comes to principle. But hey... can't win them all. But I have not lost yet ;)

No way to know. If she in with a rough and tumble crowd (prostitute etc) you are taking a risk.

Many absurd stories on my side are why I never lend money with the expectation of seeing it again. The stress and hassle of running after the money is too high a price. I lost lots of money in my twenties by being too generous with "loans" that turned into donations. Now I look at all loans as donations, meaning I never lend anything I can't afford to lose entirely. If people don't pay it back, it is a small price to pay for knowing their true colors and deleting them from the list of people who can be trusted to do as they say.

If you got 4k of the 5k back and have sunk all that time into it (every hour of your time is worth how much really?), I personally would consider the debt recovered and the lesson learned. I really do mean that in a positive and constructive way. Good luck!

You are right, my time is not worth spending on such things. I'll take that to heart. Thank you :)

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