At Ask Me Help Desk you can ask questions in any topic and have them
answered for free by our experts. To ask questions or participate in
answering them you must register for a free account. By registering you
will be able to:
Get free answers from experts in any of our 300+
topics.
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?
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.
Eventhough 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.
However, I'm not certain as to the outcome. The bf 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.
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 alot 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.
Linear Mode
