We recently concluded the most unusual debt negotiation cases I’ve encountered. All our client was looking for was for us to negotiate a settlement where they would pay what they rightly owed and we got them that deal, but the background was very unusual.
This is the story of two friends who, unfortunately, had a falling out. Both were small businessmen. The plaintiff, Barman, owned a small bar. Our client, Builder, owned a construction company. One night while at a casino, Barman had been doing very well and handed Builder $5,000. Some time later, Barman wanted the $5,000 back and our client didn’t have it to give. Our client did give some of the money back and tried to otherwise make good by delivering several cases of beer to the bar that Barman could sell. When Barman decided to resort to the courts to try get his money, Barman claimed there was a loan with interest, forgot having received any money in return, and denied ever receiving any beer. The only evidence of the exchange of money at all were text messages produced by Barman supposedly between him and Builder insisting he needed the money, one of which displayed a reply that that Builder would try to get him money when he could.
As a lawsuit, the ultimate questions in the case were did the defendant owe any money and if so, how much? The one favorable thing for Barman that a jury might latch onto: if Builder didn’t owe the money, why didn’t he respond in the text with “what are you talking about, I don’t owe you any money.”
But the legal question here wasn’t whether Builder thought he owed money, its whether there was a loan that Barman could use the power of the court to require repayment of with interest. On that point, the hardest hitting thing for a jury to consider might be who hands a friend $5,000 in a casino seriously expecting to get it back, let alone seriously believing that it’s a loan that can accrue interest with nothing signed between them?
But these questions will never be put to a jury. Even though Barman didn’t want to negotiate and didn’t want to acknowledge what he was already paid or the value of the beer he received
– I WANT MY FIVE THOUSAND DOLLARS!!!, he gruffly complainted into the mic during a pre-trial conference –
Barman made a serious error: Barman didn’t hire a lawyer. When he filed the lawsuit, he filed it in the name of his business and filed it against our client’s business for reasons we may never know. Unfortunately for Barman, even if everything he alleged happened were true, nothing he filed in the claim tied any loan to his business or to our client’s business, making the lawsuit frivolous on its face. We brought to his attention that if he didn’t dismiss the case, then he would end up paying our attorneys’ fees and that got him back to the negotiating table. As it happened, even if he paid our attorneys fees to resolve that case, he would have been able to re-file, which would not have helped our client. But, faced with the possibility of paying our attorney’s fees, Barman accepted our client’s offer to repay what our client believed was rightly owed and nothing more.
Loan Lawyers has helped over 7,000 South Florida homeowners and consumers with their debt problems, we have saved over 3,000 homes from foreclosure, eliminated more than $100 million dollars in mortgage principal and consumer debt, and have recovered over $25 million dollars on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact us for a free consultation to see how we may be able to help you.