A middle-aged WASP examines his Life, his heart and his home. Sometimes it all makes perfect sense. Not lately, though.

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Friday, November 23, 2007

Jane

Her name is Jane, Ms J. That's the woman who owes me $5000. $4810, actually, but who's counting?

I am, of course. I loaned her the money last April. It was April 20. She said she needed the money to pay for some home repairs and to prepare the house for a quick sale. She promised to repay it "as soon as the house sells." She gave her word, and as her friend, that guarantee was quite sufficient. Besides, it was a lovely home in a nice location. I felt certain it would sell quickly.

Three months later, it sold, but for less than the asking price. Much less. In fact, Jane still owed the bank $7000 after the sale was complete.

I gave that money in good faith, Ms J. I offered a short term, interest free loan to a friend. I didn't know the mortgage was in arrears then, or that the bank had threatened foreclosure. I had no idea Jane's financial situation was so dire. I didn't know she had outstanding student loans and credit card debts. Indeed, she had recently bought a new truck. I didn't know Jane was so utterly irresponsible with her money.

In July, I visited her and she signed an IOU promising formally to repay the money. It was witnessed by Jenn, her "wife". (Yeah, Ms J, she is.) Despite this short-lived glimmer of hope, I have recovered only $190. of the total amount.

Yesterday, I sent her a gentle reminder.

"Hi Jane. It's been 5 weeks since your last deposit. I could sure use some help about now."

Here's her response:

"I don't want this to come across rude. I was laid off two weeks ago. My cats are eating dog food. I had to borrow money from jen for gas. I'm waiting for a notice of eviction cause I couldn't make my rent payment arrangements. I have 2 dollars in my bank account. So I understand your frustration. I can do $20 next Friday."

You know what, Ms Journal? I don't care. I don't give a shit about the problems resulting from Jane's inability to manage her finances. And as for her current state of unemployment, I think it's more a matter of sloth than circumstance. Jane is an apprentice carpenter, and while new home construction does experience a lull in winter, commercial projects continue year round. If she'd borrowed that money from a bank, she'd have to pay it back. She'd have been making (or perhaps missing) payments for seven months now.

Twenty dollars, Ms J. She's offered me twenty dollars. That's the price of a shirt. Or a restaurant meal. Less than half a tank of gasoline. It's a pittance, but at least she's trying. Or has promised (again) to try.

Colleen read Jane's excuses last night and urged legal action.

"Take it to Small Claims Court," she said. "She'll never pay you back unless she's forced to."

My head tells me Colleen's right. But my heart says be patient.

I wish my head and my heart could agree on something.

Anything.

Sometime.

***

2 Comments:

Blogger lisel said...

Playing Devil's Advocate I have to agree with Colleen. If things become more dire financially, Jane could go for bankruptcy depending on her overall debt (here in the UK at least) and you wouldnt get anything. Saying that you could only be awarded $30 (if that) a month through the Small Claims, as they would take Jane's financial circumstances into consideration. You gave your hard earned money in good faith and that trust has not been honoured.

I have been reading your blog for quite some time and always enjoy it. There arent many people around like you Dale, kind, considerate, always willing to give people another chance. With best wishes.

27 November 2007 at 15:00  
Blogger gemmak said...

A very difficult dilemma indeed but as a bankrupt myself I would second what Lisel says, small claims court is the way.Certainly here in the UK if Jane opted for bankruptcy anytime soon you would be unlikely to get anything of your money. Add to that if at that point she agreed to pasy you she would be breaking the law by paying you aqs opposed to any other creditor. The bottom line here for me would be this: She was lent the money in good faith, whatever her circumstances (and believe me I have been there) firstly she should never have borrowed from a friend and secondly having made that decision and not honoured it she doesn't deserve your friendship, generosity or any further consideration. I might have been irresponsible in my financial dealings (though in my defence, if there can be one, my debt came about my trying to help someone else out)but I never borrowed from friends....it always ends in tears.

10 December 2007 at 15:23  

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