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Michele292 · Oct 9, 2006, 08:49 AM

I (foolishly) invested $13,000 in improvements in a condo with my fiancé (now EX-fiance). I also paid off a debt for $10,000 to his mother during the same time. 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!

LUNAGODDESS · Oct 9, 2006, 09:02 AM

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 too much... in the United States...

Michele292 · Oct 9, 2006, 09:11 AM

Thank you. What type of lawyer should I contact? (Georgia... no common law marriage unless entered into before '97)

The WB · Oct 9, 2006, 09:25 AM

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.

ScottGem · Oct 9, 2006, 09:33 AM

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.

Michele292 · Oct 9, 2006, 09:34 AM

Thank you. We both worked, but he did the bulk of the labor.

excon · Oct 9, 2006, 09:36 AM

Hello Michelle:

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 about $20K.

But, I don't think you have a case for superior court either, in that you're out only (sorry about 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.

excon

Michele292 · Oct 9, 2006, 09:41 AM

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.

Thank you, I will try to find a lawyer! Michele

ScottGem · Oct 9, 2006, 09:46 AM

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?

excon · Oct 9, 2006, 10:03 AM

Hello again, Michelle:

Wow. I just read your other thread. If you live in a jurisdiction where the limits exceed $10,000, that's the place to sue this guy. Go for it.

excon

Michele292 · Oct 9, 2006, 10:19 AM

Thanks for the encouragement. I'll try my best. The other time I got 'taken' was for 2 business loans. So, there is a pattern here... the common denominator being MOI. But they seemed so far apart from each other in circumstance; amazing what people will do when money is involved.

Quick question... I have a scathing, full of four-letter name calling email from my ex. Would that help my cause?

LUNAGODDESS · Oct 9, 2006, 10:23 AM

Civil Contact and Real Estate law... sometimes Corporate Law can handle all issues concerning business relationships

Michele292 · Oct 11, 2006, 06:04 PM

THANK YOU EVERYONE!

I have an update:

I just received a check from him in the mail for $6500.00!

Obviously, that's only about 1/3 of what he owes me. I'm happy to get that much but I have 2 important questions:

1) He wrote on the check in the "FOR" line "Paid in Full"
If I cash it, am I agreeing to that lie?

2) Can I mark that out or add something to it and then cash it, or is that illegal?

Also... isn't the fact that he paid me SOMETHING an admission that he does indeed owe me money? Won't that help me in court when I try to recoup ALL the money?

Also... I believe the amount of $6500 is his way of saying "Here's HALF of the $13K you spent on materials. The other HALF is mine since I supplied most of the labor." Sooooooo, isn't that like saying we were in it together. And therefore, wouldn't he owe me HALF the profit, not half of my investment only? In other words, he can't have it both ways. Either I get my full investment back because he was borrowing the money to finish the condo and owes me my money back. OR He owes me HALF the profit. He can't have it both ways. (Personally, I will be satisfied with my money back. He can keep the profit. Why on earth would a judge allow him to keep half of my money AND all the profit? )

Thank you, you are all my heroes.

Michele