Your sibling asked you to cover their rent for a couple of months while they were between jobs. Or maybe you loaned a friend a few hundred bucks for a car repair they couldn’t afford.
You’d do anything to help those you love. And you did. But what should you do when they don’t pay you back? Consider these options.
The gentle approach
Asking a friend or family member for money back might feel uncomfortable. But sometimes a simple reminder is all it takes to jump-start debt repayment.
Before reaching out, think back to the discussions you had when you offered the money: Did you make it clear that this was a loan, not a gift? Did you confirm payment terms and a deadline? Did you get the details in writing?
Framing the conversation around facts rather than your feelings or unspoken opinions can prevent confusion. No matter the context, bring up the issue calmly (and privately) and avoid making assumptions. Using harsh or accusatory language can strain the relationship and make your loved one less likely to pay up.
“What we have to do is create space for that individual to come out of a shame mindset and perspective, and become less avoidant to engage in a healthy conversation,” says Michael Thomas Jr., an accredited financial counselor who teaches in the University of Georgia’s financial planning program.
Acknowledge what’s happening in your loved one’s life and be upfront about your own situation. Then, you can discuss how to move forward. “I think the best approach is just to come at it with a lot of empathy and understanding that you’re both in it together,” says Thomas Nitzsche, director of media and brand at Money Management International, a nonprofit financial counseling and education service.
Make, revise payment plan
Ideally, before the loan, you’d made a loan agreement outlining how much the borrower owes, how they’ll pay, when payment is due and what to do if they can’t pay.
If not, or if the person can’t meet the original terms, make a new plan. Consider extending the deadline or allowing smaller payments. Thomas says setting up automated payments through a peer-to-peer platform can make it easier to get repaid over time.
A traditional payment plan isn’t the only option. Perhaps your friend or relative could chip away at the balance by periodically covering one of your bills, Nitzsche says, or paying for a meal.
If your loved one is struggling to come up with cash, perhaps they can repay you with service. “Suppose the lender needs a family room painted or new faucets installed. A borrower with those skills might be happy to work off the debt,” attorney Cara O’Neill, a legal editor at Nolo, a self-help legal website, said in an email.
Forgive the debt
Working out an arrangement can be stressful, especially if your loved one doesn’t come through. Waiving the debt could be the best move for your peace of mind and relationship. However, you might reconsider giving this person, or anyone, money again unless you’re prepared to lose the amount. Think carefully about how forgiveness would impact you.
Thomas suggests asking yourself: “If I do not get this money back, it’s not just how will I feel, but how will this affect any of my financial goals or anything that I have planned to do with those resources?”
Take legal action
Thomas doesn’t advocate suing friends or family in most cases. But that path might be worth exploring “if there are large sums of money on the table and there is an individual who you have reason to believe has the capacity to pay,” Thomas says.
It’s important to have evidence on your side, too. You’ll have an easier time proving the case if you have a written contract, O’Neill said. If you think you’ve got a chance, there are a couple of ways to proceed.
“The quickest and cheapest way to get a money judgment is through the small (claims) court system,” O’Neill said. “The judge resolves small court cases in one court appearance, and the filing fee and service of process fees usually cost less than $200.”
If you go this route, prepare to burn bridges. Will it be worth it if you get your money back? Will it be worth it if you don’t?
Lauren Schwahn is a writer at NerdWallet. Email: lschwahn@nerdwallet.com. Twitter: @lauren_schwahn.