[jaynekh]

I have loaned over $3,900 to my now ex-boyfriend. He had agreed during the relationship that he would pay me back when he was able. We agreed that payments could be made instead of paying the debt off in full because the amount is so large.

I am trying to get him to sign a written agreement that protects us both. I want him to sign his name stating that he will pay me back on the terms agreed and explain what he agrees to do if he is unable to make one or more payments on time. I will sign my name stating that I will not use our contract to invoke legal assistance, sue him, take him to small claims court, etc. so long as he communicates with me reliably with regard to his situation and what action he will take to continue repaying the debt.

Here's the other thing: He has agreed to payments of $200 verbally, which would mean that this promise would take longer than a year to fulfill.

From what I read about the small-claims court in Ohio, it can only be used for amounts equal to or less than $3,000 and for agreements which can be resolved in a year or less.

He is hesitant to sign a written contract because he thinks I will "screw his life up" by dragging him to court based on this legal agreement. All I want is my money back, and he has made poor financial decisions in the past, so I want to protect myself from his poor decisions (if he buys a guitar and consequently cannot make a payment to me on time, I want there to be repercussions) and I want to reassure him that the contract is just to make sure he doesn't screw me over, not a tool I can use to screw up his life.

Any advice and what I can do right now in this situation? We are meeting tonight to (hopefully) write and sign an agreement and to sort out jointly-acquired belongings.

Any help is appreciated.

[Emland]

I think if you collect 10% of the amount he owes you, count yourself lucky.

I doubt he will sign anything, because if he planned to own up to his word, he would have already signed an agreement. All he has to do is leave the state and you will be unable to collect (or rather, it will cost so much to pursue, it won't be worth it.)

I have learned the hard way with lending money to family and/or friends. Never expect to get a penny from them. Then you will be pleasantly surprised when they actually do pay you back.

[this8384]

I wouldn't sort out ANY belongings until he signs that contract.

The only way for you to "screw up his life by dragging him to court" is if he breaks the agreement. You can't sue him if he pays, it's that simple.

If the amount is over the small claims limit, you can still sue him for it but it now becomes a civil suit.