[mimicoco89]

I lent my ex 2000$ (february 2012) for what he claimed was to make an insurance payment. A month prior I found out that he had used my visa card to make 2 payments totaling up to 700$ (january 2012). But before all this happened I had lent him smaller amounts of money back in the months of October to December 2011 (ie 100$, 300$, 60$, 40$ etc) because he had claimed that he lost his wallet. We both agreed that after I lent him the last 2000$ that he owed me 4000$... I kept hassaling him for the money and told me that he would even pay 500$ ofinterest because I was annoying always asking for this money. Last summer (july 2012) he paid me 2000$ and 2 months ago (february) paid me an additional 200$. That was the last payment I received... I have a letter signed by him saying that he owes me 2165 $(this was before he agreed to the 500$ of interest... and if your wondering, the extra 165$ was because he told me that I was so cheap because I kept asking him for the money, he told me to buy a pair of shoes with the additional 165$)... after he paid me the first 2000$ I made him sign another contract stating that he owed me 2500$... instead he decided to mock me and signed that he would pay me 5000$... about one month ago he attempted to pay me via paypal (5000$)... I told him to email me the cofirmation email and number... he did.. when I callled pay pal they told me that the confirmation number was invalid and the payment was fake... he never made it and made up a whole confirmation email from paypal... what can I do?

I feel like there's nothing I can do because the amounts vary so much and my story is so confusing. I personally think that he signed those papers with outragous amounts of money on purpose so my story looks confusing and not serious... I don't even know how to present this case in front of a judge!
Please someone help me!

[ScottGem]

You have signed papers admitting he owes you. You have e-mails claiming to have made payments, further proof that he admits to owing you.

You can use this evidence to get a judgment against him in Small Claims court.

But getting the judgment is only half the battle. If he has a job you may be able to garnish his salary. If you know where he banks, you may be able to attach his bank account. But if he doesn't have assets you are unlikely to get anything from him.

[mimicoco89]

thank you!

But that's the problem. He's been lying about everything. His age, he told me he was an rcmp officer and he's not (found that out by police). Also I found he has over 50 online profiles stating different ages and professions, I think he is a con artist and I'm not the first person he did this too. He tells me he is the owner of 2 houses (one in alberta and one in montreal), this is the only reason why I lent him the money!

I know I have proof, but the reason I'm not sure if I should sue him or not is that fact that my story is a mess. The papers that he signed are for random amounts because he was basically mocking the fact that I kept hassling him for the money. So my story doesn't even sound real!. I don't even know what amount I should sue him for because the "fair" amount (what he really owes me" is not the same he wrote down on paper

[ScottGem]

Not sure what to tell you. If you think he's a con man talk to the police.

[AK lawyer]

I know I have proof, but the reason I'm not sure if I should sue him or not is that fact that my story is a mess

I agree that it's a mess.

Put together a spreadsheet on Excel.

List, by date, each amount you advanced to him, with your comments if you want.

Also put whatever he actually paid back to you.

Total all the amounts paid to him, and total the amounts paid back by him. The difference should be the amount he owes you.

For example, here is what I came up with, assuming the first amount ("october to december 2011 (ie 100$, 300$, 60$, 40$ etc) ") to be $100:

Dec-11 $100.00
Jan-12 $700.00
Feb-12 $2,000.00
Jul-12 -$2,000.00
Feb-13 -$200.00
total $600.00

[mimicoco89]

Thank you so much.

I did do that, the thing is that the small amounts total up to 1000$.. we both agreed to it. The problem is that the sheets he signed he put ridiculous amounts (ie 5000$ and 2165$ when the amount was actually 2000$) how am I supposed to explain that to the judge?. he was mocking me and the situation and signed for a stupid amount?

[mimicoco89]

Thank you so much!

The thing is that I have the dates for the 2000$, and the 700$ ( the biggest amounts)... the rest was 500$ interest that we both agreed too (dont have a date), and the smaller amounts (300,200,60,80, etc) don't have the exact dates but I know it was between the months of October and December. These smaller amounts however, we both agreed that they added up to 1000$. The problem is... that when he signed the paper, he signed for ridiculous amounts(5000$ and 2165$) because he was mocking me and the situation. Basically what I'm saying is the amounts I added up and the amounts he signed for do not match... so I don't know what to tell the judge. I feel like I'm going to make myself look stupid... technically I could sue him for 5000$ because that's what he signed on paper, and that is also what he "attempted" to pay me via paypal (he even made fake email by paypal with a fake confirmation number). It makes the story so much simpler, but I'm not a liar, and I can't lie... I just want what's mine!

[AK lawyer]

I'm afraid you won't be able to recover those amounts which you cannot remember for sure.

And agreeing on $500 interest may be a problem, depending on wherever in Canada you are. Some places have laws against usury, which that appears to be. The applicable statute of frauds (concerning unwritten contracts) may also bar recovery depending in the particular language in the statute of frauds in your jurisdiction.