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woman on phone Mix-Tape/Envato

I loaned a friend $3,000 a few months ago — now he won’t return my calls. How do I get my money back now?

Lending money to a friend may seem like a kind gesture, but the odds are very high that it will end in disaster. In fact, nearly half of all respondents (46.6%) in a recent survey who had lent a friend money reported that the loan had caused “serious arguments or conflict.”

“People think that they are risking the money when they loan money to a friend, but they are actually risking the friendship,” Clarissa Moore, a personal finance educator and founder of Clarissa Explains Money, told Moneywise. “If the person doesn’t pay you back, it changes the way you feel about the person, and it tarnishes the friendship.”

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For example, let’s say Lucia loaned her friend Louis $3,000 five months ago. Now, Louis won’t return her calls, and Lucia is wondering if there’s anything she can do to get the money back.

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Unfortunately, experts say that collecting the borrowed funds probably won’t be easy.

Can you recover money that your friend won’t pay back?

First and foremost, if you loaned money to a friend, you technically have a legal right to collect that debt.

“Friend or no friend, if the money was intended as a loan by you and your friend, you are a lender. As a lender, you are entitled to be repaid,” Jocelyn Nager, managing partner at Frank, Frank, Goldstein & Nager, P.C., told Moneywise. “As a lender or creditor, you can sue to enforce your rights for repayment.”

Of course, you’ll need to prove that the money transfer was a loan, not just a gift.

Andrellos Mitchell, a DC civil litigation attorney, told Moneywise that “written and oral communications can help to show the intentions of the parties.” So, you can use things like texts, emails, Venmo descriptions and more to demonstrate your friend promised to pay.

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Why suing a friend for unpaid funds may not pay off

Pursuing a case against a friend for the unpaid $3,000 may seem like the obvious solution if you need to get paid back and they aren’t returning your calls. But there are problems with using the legal system to recover your funds.

“Most civil lawyers won’t take a case for less than $5K, which costs more than the amount borrowed,” Shane M. Boasberg, an Austin-based civil lawyer, told Moneywise. “Sure, you can get attorney fees awarded from a court for the cost of litigating a suit, if you win, but you’ll still run into the issue of your friend not having the money to pay you back.”

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“There’s an old saying, ‘You can’t squeeze blood from a turnip,’ which applies in situations like these,” said Boasberg.

James Crowson, founder of Crowson Law Group, also warned that going to court would be a “massive headache” in this situation and suggested that you consider whether a “mutual friend is willing to step in and mediate.”

As Crowson told Moneywise, “a gentle nudge from a third party can sometimes coax out a reasonable payment plan without setting off a massive legal feud, assuming they’re open to getting dragged into the middle of it, of course.”

If that fails, Crowson explained that if you have to go to court or are committed to doing so, “small claims court is your cheapest and most straightforward option, but the cap depends heavily on where you live,” so you may not be able to sue for the full amount.

Lucia may want to just consider this an expensive lesson

With multiple lawyers warning of the downsides of fighting for the money, Lucia may just want to write off the funds as a lesson learned if Louis won’t pay voluntarily.

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“Money can change the dynamic of a relationship very quickly, especially when people involved have different expectations about repayment,” Mary Ware, a senior wealth advisor and managing partner at Carnegie Private Wealth, told Moneywise.

Ware warned that you should “never lend money you cannot afford to lose,” because “even with the best intentions, life happens, and repayment may not happen.” Ware also advised putting expectations in writing if you’re providing a loan. Ultimately, though, she said you may be better off giving the money as a gift rather than a loan if you really want to help a friend without hurting the relationship.

Moore shared a similar sentiment, suggesting that Lucia should stick to gifts if she can afford it. “If someone needs money, I give it to them and only if I have it to give,” Moore explained. “It is always a gift; it is never a loan. Some friends and family aren’t comfortable with that, though, so in that case, I tell them it’s a loan, but to me, it’s still a gift because I may not get it back.”

This approach would have saved Lucia a lot of hassle here, and potentially saved her friendship. Of course, Lucia should feel proud that she was a good friend, even if that wasn’t reciprocated. And if she ever wants to do this again, she should simply shift her approach.

“There are times when we want to help the people we care most about,” Ware said. But you need to choose the place and method wisely. As Ware advised, “before you make a loan to a friend, ask yourself what matters most to you: getting the money back or helping your friend?”

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Christy Bieber Freelance Writer

Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.

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