I am screwed up to the bone. I need help.

[BIGNFIT]

I am going to make this as short as I can. Any question will be answered.
In 2003 I did lend someone in Miami/FL a total of $70.000, for investment purposes, we did sign a contract stipulating he would be paying me minimum 11% a year, divided by 4 payments, each paid every 3 months, til I and only I, call off the contract to get back my total capital of the $70.000.
The person did respect the contract til 2008, when he got divorced, a wood business he used to own closed and that is when he stopped paying. He promised he would pay whatever was behind plus the capital to cancel the contract, I accepted the terms he decided(forgiving whatever he did not pay as earnings), to just receive the capital. He reopened again the business 3 years ago, claiming he would pay me the capital once this company gets going.
Til today, he did not pay, and keeps claiming that soon this problem would be resolved for good, and bla bla bla.
I do not mind showing the contract, if needed.
This man owns an apartment in Miami, he does have a car, and he is living. He does have a gym membership, so to say he is taking care of his personal expenses.
What would you do to get this settled after 7/8 years patiently waiting?
I do not want to wait more, and I have so much I want to resolve, besides a back health problem I want to nurse, and treat. As well I do owe to people, for the last 3 years.
Any lawyer in Miami willing to work with me on this, would be appreciated.

 

[ALLEX]

You need to see an attorney.

 

[richiec]

Tell him that he has 3 months to catch up payments, at that point you will either place a lien on EVERYTHING HE OWNS or will take him to court for everything plus interest

 

[BIGNFIT]

Tell him that he has 3 months to catch up payments, at that point you will either place a lien on EVERYTHING HE OWNS or will take him to court for everything plus interest

I was told in Miami you cannot think about someone's home.

 

[richiec]

I was told in Miami you cannot think about someone's home.

In Florida, you cannot "take" someone's home. If they have rental properties, they can be forced to sell one or all of them to pay the debt, but if they only own 1 property, you can't "take" it.

BUT, you CAN put a lien on it. That is completely different brother. That is saying that if he ever sells the condo, you will collect your money from the sale before he gets anything. So if he sells it for $100k, you get what he owes you and he gets the rest. Entities do this all the time for back payments

 

[BIGNFIT]

In Florida, you cannot "take" someone's home. If they have rental properties, they can be forced to sell one or all of them to pay the debt, but if they only own 1 property, you can't "take" it.

BUT, you CAN put a lien on it. That is completely different brother. That is saying that if he ever sells the condo, you will collect your money from the sale before he gets anything. So if he sells it for $100k, you get what he owes you and he gets the rest. Entities do this all the time for back payments

I see. Do you know any attorney in Miami who would work with me on it by chance?
As well I know he does have stocks, since he co-own the company, it is called **** by the way, and he offered to pay me with stocks.

 

[ALLEX]

Don't talk to him anymore.

Most people (or should I say everyone) in Florida has family overseas and will spend a few years out of the country if pressure builds up.

You need a good business attorney right now. Talk to one ASAP and bring all the papers you have.

Do not try to solve this by yourself or getting advice from the internet. A Florida licensed lawyer is the only thing to do now.

 

[BIGNFIT]

Don't talk to him anymore.

Most people (or should I say everyone) in Florida has family overseas and will spend a few years out of the country if pressure builds up.

You need a good business attorney right now. Talk to one ASAP and bring all the papers you have.

Do not try to solve this by yourself or getting advice from the internet. A Florida licensed lawyer is the only thing to do now.

I am up for it, but I need a referral. So any help in that department would be appreciated.

 

[richiec]

I see. Do you know any attorney in Miami who would work with me on it by chance?
As well I know he does have stocks, since he co-own the company, it is called **** by the way, and he offered to pay me with stocks.

Sorry man, don't know any attorneys in South Florids

Don't talk to him anymore.

Most people (or should I say everyone) in Florida has family overseas and will spend a few years out of the country if pressure builds up.

You need a good business attorney right now. Talk to one ASAP and bring all the papers you have.

Do not try to solve this by yourself or getting advice from the internet. A Florida licensed lawyer is the only thing to do now.

That would apply primarily to South Florida. But you are right, don't talk to the guy anymore, seek legal advice

 

[BIGNFIT]

To the Bros, please see when you have time and are free, if maybe you could ask around people you do know who would know some good attorney down in Miami, I will check this thread probably every hour.
If I displayed my personal problem in here, it is because the water is getting higher than my nose and can't take it any longer. I usually do keep my things for myself.
Very much appreciate it.

 

[ALLEX]

There was an immigration attorney at the same building of the Brazilian Consulate in Miami.

He knows everyone and their mother, every judge in Dade county. Maybe you can go there and ask about a good business lawyer.

The address is: 3150 Southwest 38th Avenue

Just ask where's the immigration guy. He's older, kind of rough to talk to, but knows everything that's to know in the area.

I''ll try to get a number from someone else in Palm Beach as well and send to your inbox.

 

[BIGNFIT]

There was an immigration attorney at the same building of the Brazilian Consulate in Miami.

He knows everyone and their mother, every judge in Dade county. Maybe you can go there and ask about a good business lawyer.

The address is: 3150 Southwest 38th Avenue

Just ask where's the immigration guy. He's older, kind of rough to talk to, but knows everything that's to know in the area.

I''ll try to get a number from someone else in Palm Beach as well and send to your inbox.

I am not in Miami. But your help is appreciated. I will call once I get the phone number.

 

[ALLEX]

Check your inbox. Hope it helps...

 

[BIGNFIT]

Check your inbox. Hope it helps...

Thanks man, I called her and left a message.
Thanks again.

 

[Cosmo]

stop being such a fucking nice guy. 8 years? fuck that and fuck him. hire a 'debt collector' () to get your money back. he is living the high life with no intentions of paying you back. fuck the lawyer shit, "oh please, sir, please give me my money, or i will get my lawyer to give you a call" yeah ok how about "how much you willing to pay to not have your legs broke?".

[ame="https://www.youtube.com/watch?v=ZomwVcGt0LE"]Wheres my Money Stewie & Brian (Hd) - YouTube[/ame]

man up. you gotta break a few eggs to make an omelet

 

[BIGNFIT]

stop being such a fucking nice guy. 8 years? fuck that and fuck him. hire a 'debt collector' () to get your money back. he is living the high life with no intentions of paying you back. fuck the lawyer shit, "oh please, sir, please give me my money, or i will get my lawyer to give you a call" yeah ok how about "how much you willing to pay to not have your legs broke?".

Wheres my Money Stewie & Brian (Hd) - YouTube

man up. you gotta break a few eggs to make an omelet

Do you have an enforcer for me?

Just kidding.

If there was no law, I would have done what Stewie did 7 years ago, and easily. The crook knows it.

 

[Cosmo]

like 20 years ago, a dude who was once my friend owed me 500$, and he kept dodging me for a while, and when i finally ran into him once (at a train station) he came clean that he can't pay the money and asked what i wanted. and we came to an agreement that i'd forget the money if he would let me bash him for a full 10 seconds. imagine what you could get for 70,000!

 

[para]

In your contract did you put an attorney's fees clause? Unsecured debt is tough, but as long as he doesn't BK you can get paid.

 

[BEASTZ6]

OP: In California the statute of limitations is 4 years for a written contract. Unless you have modified the original contract less than 4 years ago, you would have no legal recourse to sue for breach of contract in California.

There are plenty of attorneys who will give you a free consultation. I suggest you do so in your state.

 

[BIGNFIT]

OP: In California the statute of limitations is 4 years for a written contract. Unless you have modified the original contract less than 4 years ago, you would have no legal recourse to sue for breach of contract in California.

There are plenty of attorneys who will give you a free consultation. I suggest you do so in your state.

Problem is that in Florida is 6 years, no contract was renewed. This is another issue that hinders me from pressing some hard buttons. It is not all in my favor.
But there is recorded cell text messages between me and him dating til today even, in regard to his debts.
If only I could have access to his assets info like banking/accounts/checkings balances info, so at least I could have a better idea which avenue to opt for and operate from there.