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I (foolishly) invested $13,000 in improvements in a condo with my fiance (now EX-fiance). I also paid off a debt for $10,000 to his mother during the same time period. He sold the condo and made a hefty profit but is refusing to pay me what I put into it or the money to his mother. No contract, nothing in writing. I do have all receipts that reflect my bank account and credit card numbers, and the cancelled check to his mother. How do I proceed? HELP!
Not in small claims...contact a lawyer...in some states common law marriages are legal...or if there is verbal agreement...did the mother say she will pay you back or the son...sue both...again ask the lawyer...consultation should not cost to much...in the United States...
I don't think you can sue his mother because you chose to pay off his debt to his mother. Did he do the work on the condo and you supplied the material? If you have all of the records and receipts, it looks good for you. But, you should, at least, consult a lawyer to check your options. I'm not sure what type lawyer. I think they would be litigation attorneys. Good luck.
First, you want a general practice attorney experienced in litigation.
Was your name on the deed for the condo? If not, all you may be able to recover is the amount you paid out. But, if you can show that a) the work was done on the condo and b) that you paid for the work, you should have no trouble recovering those funds. The next issue is whether you paid anything for the condo. If not, then all you can reasonably expect is reimbursement. However, lets say the Condo was purchased for $52K which you split evenly. Then you put an additional $13K into it. You might be entitled to 75% of the sale.
As for the debt from the mom. They are going to say it was a gift, you are going to say it was a loan. Unless you have proof that it was meant to be a loan, you may have trouble recovering any of that.
The GODDESS is right. Small claims will only get you a pittance of your money back. Although, a bird in the hand..... and all that stuff. Small claims is cheap, quick and easy, if you'd be willing for forgo bout $20K.
But, I don't think you have a case for superior court either, in that you're out only (sorry bout the word "only"), what? $25k, maybe $30 with interest? That's not a large enough claim for you to hire a lawyer over, and no lawyer worth his salt would take a case that small anyway. Given that it's so small, ALL the award, (should you win) would be eaten up in legal fees. And if you don’t, it’s out of your pocket. The costs are the same whether you’re suing for $1,000,000 or $30,000.
Plus, he's going to say that this was a gift, isn't he? Which loan came first? What were the arrangements on the first loan? Did he default on those arrangements? He did - I know he did. Did you make the second loan while he was in default on the first? You did - I know you did.
Actually, I don't know any of the above, but I know how scam artists work, and I know how women in love work. I hope I'm wrong - but, I'm not.
If what I suspect happened, actually happened, then his claim that it was a gift MIGHT succeed.
Thank you, that is terrific information. I would be satisfied with the amount I paid out, he can keep the profit. I was not a co-owner on the deed, but I did make some mortgage payments while renovating, etc. I have all my canceled checks and receipts.
As for the Mom, it wasn't a "gift" .... it was a Loan Payback that I made for her son.
You bought the materials, but he did the labor? And you had no legal interest in the property? Then all you can do is recover the cost of materials. With the mom, again, you paid of her debt, that could still be considered a gift unless you have proof that there was an agreement or expectation of repayment.
I'm curious though, is the ex the same deadbeat that you already have judgements against? Or were you taken by someone else?
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