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    shalana13's Avatar
    shalana13 Posts: 1, Reputation: 1
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    #1

    Jan 19, 2011, 01:09 AM
    Ex owes me money
    Hi there, about 5 years ago my boyfriend asked me if I could take out a loan of $3500 for him so he could get a car he desperately wanted as he had bad credit. Stupidly, I agreed as he verbally promised he would pay me back every cent, and to my disgust the car was a bomb and broke down about 2 weeks after purchase so he sold it for not even a fraction of the price. We broke up a while after and to this day I have not received any payment whatsoever from him. Every time I talk to him he says he is going to pay me back but my hopes are really diminishing at this point because it's been so long. He seems to be doing really well for himself too but is just so reluctant to start paying me back.

    It's been really hard on me because I owe the bank over 5k for this stupid loan because of interest etc and could get the little possessions I have taken from me because I am behind in payments.

    What can I do to make him pay me? Is it worth taking him to court and if so will I even win my case? I am in desperate need of advice from the professionals! Please help??

    Shalana, NZ.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Jan 19, 2011, 01:16 AM

    I'm not a legal expert, but I do know that one of the first things the experts will ask is where you live. Laws vary by state, country, etc. so it's important to know where you live.

    It's pretty late and I don't think any of our legal experts are on right now. Check back tomorrow, hopefully one of them will see your question and be able to give you some advice.

    I wish you all the best. I know how it feels to be cheated out of money that's rightfully yours.

    Good luck.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 19, 2011, 10:00 AM

    Five years ago? The Statute in probably every State has expired.

    As Alty said - the State is important.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 19, 2011, 11:04 AM
    Quote Originally Posted by JudyKayTee View Post
    Five years ago? The Statute in probably every State has expired.

    As Alty said - the State is important.
    Statutes of limitations on oral agreements vary. In the U.S. they are from 3 to 8 years. But you are in New Zealand? Seems to be generally 6 years. http://www.legislation.govt.nz/act/p...DLM262437.html
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 19, 2011, 02:39 PM
    Quote Originally Posted by AK lawyer View Post
    Statutes of limitations on oral agreements vary. In the U.S. they are from 3 to 8 years. But you are in New Zealand? Seems to be generally 6 years. Limitation Act 1950 No 65 (as at 01 January 2008), Public Act – New Zealand Legislation

    Good catch! I totally missed the "NZ" part!
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #6

    Jan 21, 2011, 02:04 PM

    Problem is... unless they have bizzarre rules... she is going to have to prove this was a loan and not a gift... and absent anything in writing... its going to be real hard.


    Besides... 5 years ago... ONLY a $3,500 loan and its NOT paid off yet? WHY, This doesn't sound right.
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