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    traceteacher's Avatar
    traceteacher Posts: 3, Reputation: 1
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    #1

    Jul 19, 2007, 12:38 PM
    Ex-owes me money!
    A few years ago, I was engaged to a man who due to an injury, lost his job. He was in the process of looking for another job when he was suddenly without money. He was in need of $1,000. I offered him the money. He said that he did not want the money from me because he didn't want to ever get into a pickle as he called it if I ever wanted it back from him. I told him, as his fiancé, I should help him out, because that's what couples do for one another. After an argument, he gave in and took the money. We never signed anything as far as a note, but I figured since he was my fiancé, he would pay me back.

    When he broke up with me, I asked him for the money back. I have record of the check that I wrote to him. I now want to sue him for the money and I want him to sign a note so I can bring it to court, but he says he won't do it. I have tried countless times to get him to sign something. I call him, email him, send him letters to his job. His new wife emailed me and threatened me with a restraining order.

    He also said that if he wanted to, he could be asking ME for money for all of the times HE paid for dinners, getaways, etc. I feel that this is different from that. This is $1,000 of my money that I used to help him when he had nowhere else to turn and I should get it back! How can I sue him? This was the summer of 2004 and he still hasn't paid me!! He and his new wife act like I never existed!

    **NOTE--- I also remember TWO other loans I gave him... He needed $400 for a doctor visit. I gave it to him and he paid me back in a week. I also gave him $150 for a plane ticket. He paid me back that as well. So that PROVES that the $1000 was a loan too!
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
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    #2

    Jul 19, 2007, 07:05 PM
    Take him to small claims court, you might win but then you might not or just forget it and move on. Asking him to sign a note now to present to court is useless. It's sort of like a bank lending you money but not asking you to sign the promissory note until after you default on the note. He's already told you he won't sign anyway and if he did, he would deserve a pat on the back not for being ignorant but being honest. I would expect when / if you take him to court, his story would be that it was a "gift" not a loan.
    traceteacher's Avatar
    traceteacher Posts: 3, Reputation: 1
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    #3

    Jul 19, 2007, 09:12 PM
    We never said it was a loan per se. It was very clear that the other two loans were in fact loans. He paid those back just when he said he was going to. But the thousand, he claims, was a gift because he did say he didn't want it, but only took it because I told him "that's what couples do for one another when they get into binds." I talked to attorneys and they all give me the run around, telling me that it's big gamble without a note.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jul 20, 2007, 05:00 AM
    Quote Originally Posted by traceteacher
    telling me that it's big gamble without a note.
    Hello teach:

    Small claims court isn't a BIG gamble. It's quick, cheap and easy. Sure, you might lose but it won't cost you more than $50 and a couple afternoons to find out.

    excon
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #5

    Jul 24, 2007, 07:18 PM
    Lotsa luck. Trying to get a judge to agree that this was a "loan" and now has to be paid back only after the breakup of your engagement ; well, you'd have a better chance of finding a snowball in Miami on the 4th of July. A lawsuit would be a waste of everyone's time. You gave him $1,000, as his fiancée, and told him that you were "helping him out, because that's what couples do for one another." A "case" such as yours is fraught with emotion and judges know this. That's why no court would touch this one with a 10-foot pole. I'm sorry, but in this case you just have to cut your losses and move on.
    traceteacher's Avatar
    traceteacher Posts: 3, Reputation: 1
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    #6

    Jul 24, 2007, 07:40 PM
    When we were together, he told me that the "money would be replaced over time."He said that right after he said "he didn't want it!" To me if he "didn't want it" he should not have taken it!! That to me meant it was a loan! I have moved on, believe me! But that's 1000 of my money that he just pretty much stole from me.

    Won't the judge look at the pattern here? He borrowed money other times and paid me back in a few days... why is this any different?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #7

    Jul 24, 2007, 08:58 PM
    It's different because it's all hearsay. "He said, she said." Even the previous loans that you gave him are, in the judge's eyes, hearsay (unless your ex freely admits to it, but why would he do that?) I just really don't believe that you have anything that's enforceable in this case. You can try, but I think it'd probably take up more time and trouble than the $1000 is worth in the first place.
    SAB123's Avatar
    SAB123 Posts: 685, Reputation: 94
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    #8

    Jul 25, 2007, 10:20 AM
    My ex faince broke up with me, I had given her $2000.00 toward a boob job a month before she broke up with me again. I had also bought her $7500.00 engagement ring. She kept the ring and money. 2 months after breakup I boobs for a split second. But in the beginning I did talk to lawyer. He said the ring I could probably get back but would cost a lot of money to get ring back. He said I was screwed for boob money. Sorry I don't think you are going to get that money back from that jerk. And I'm not going to get anything back from my jerk ex.

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