My ex-boyfriend didn't work for 2 years and he kept borrowing money from me to pay his rent, phone & TV bills. I helped him out with food and spending money and let him use my car all the time but when it came to rent he would ask to borrow money and swear he'd pay me back when he got a job. I actually broke up with him because he wouldn't pay me back. He always wanted cash for the rent because he didn't have a bank account. I have the other bills on my bank statements as being paid via phone, then I have a couple of checks made out to his roommate. Nothing was in writing. Will I have a chance to get back any of my money in small claims court without a written agreement?

Lorlor

Yes you have a chance. Civil cases are won on a balance of probabilities so if your case appears stronger and more credible to a judge than your ex-boyfriend's case you will win.

Even though you do not have a written agreement you do have an oral agreement that can be backed up with some evidence of the monies you lent and paid on his behalf.

Our only concern would be can you collect your money if you obtain judgment. Even if you couldn't collect right now judgments do remain enforceable for many years and you can always enforce against the debtor at a future date.

The only thing we can tell you with any certainty is if you do nothing you will get nothing.

Hello I:

True. If you do nothing, you get nothing.

However, I'm not certain as to the outcome. The boyfriend will say it was a gift. Given that you continued to loan him money AFTER he already didn't pay as promised, might make a judge think you were giving him money because he was your man.

Frankly, most people wouldn't loan money to somebody who already didn't pay them for past debts. That's your problem.

excon

I have gone to small claims many times for my husband's dental practice and collected money by garnishing payroll after judgment. Most times the defendant (your bf) doesn't even show up, you get a Default Judgment and you are all set. If he has a job, you can send a garnishment to his employer and get your money. Make a smart appearance in court, don't argue with the judge, and say "Yes Your Honor" and be respectful. If your ex-bf shows up, let him talk himself into a hole and appear the jerk that he is. You stay calm and collected, and NEVER TALK TO HIM, only to the judge. And take a lot of papers with you, bank statements, cancelled checks, receipts, anything you can find that has any connection with the case. Also take witnesses, if anyone was present when he said he would pay you back. Good Luck. You will do fine.

Im going through this situation right now, I have sent texts, emails and even letters from the solicitor, still haven't seen a cent or heard boo from him, after he says he will pay me back don't worry etc.
He got served and had 28 days to respond... he didn't respond so I got a default judgement and now they are going after his possessions such as his car ( only thing he has (with help from me)) He doesn't work so can't garnish his wages, his just moved to a country area 4 hrs away with his new girlfriend he met 3weeks ago...
Its sooo frustrating and annoying, I trusted and believed him, He also doesn't have a bank account ( he owes child support from a previous relationship) that should have rang bells but I thought he wouldn't do it to me, I was gualible..
Good things come to those who wait, we were together for 2yrs until finally I had the guts to leave.
I can't believe how many guys are out there like this!

Even though this thread is 3 years old... its important to get a signed receipt for any money loaned to a friend or even a family member. If it ever does come to this, and it does happen all too often, its going to be an uphill battle to prove it was a loan and not a gift. With a signed document, its cut and dry clear.

Then of course winning the case is only the first step... actually collecting the money is a totally different thing. Very hard to do with someone who has no bank account, no assetts of value and changes jobs frequently... assuming they work at all.

I was a in a relationship with my ex for two years. I paid her bills for free. When we broke up I wanted to stll have sex with her. She said if I buy her a motocycle she would have sex with me twice a week. In week one she said she could not do it but we had sex when I asked for my money back. On week three she said the same thing. She siad she would pay me back and gave her a dead line of Oct 31, 2010. I kept the bank statement of the transaction and I have text messages to confirm our agreement. How can I get my money back due to no services rendered?

I am so frustrated, I loaned money to an ex boyfriend and it was money I got from a settlement from being in a motorcycle accident and I am still having a hard time finding work, it was money that was supposed to help me get back on my feet, he kept borrowing and borrowing now its almost all gone, I trusted him, and now he moved to Utah, I have talked to him and he still continues to say he will pay me back. I don't know what to do, if you find out what your going to do, please let me know.

Quote:

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Originally Posted by melissaann123

I am so frustrated, I loaned money to an ex boyfriend and it was money I got from a settlement from being in a motorcycle accident and I am still having a hard time finding work, it was money that was supposed to help me get back on my feet, he kept borrowing and borrowing now its almost all gone, I trusted him, and now he moved to Utah, I have talked to him and he still continues to say he will pay me back. I don't know what to do, if you find out what your going to do, please let me know.

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Well, you could start by asking your own question rather than piggybacking on someone else's thread.

I started my own. Was hoping she figured out her problem and let me know what she did.

No you didn't start your own... You have ONE post, and ONE comment, and these two are on someone else's thread. So its impossible you started your own.

I meant to start your own thread. This thread was started by lmagsanay.

Every situation is Unique... and its bad etiquette to hijack others threads. You both may not even reside in the same country.