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    Taken247's Avatar
    Taken247 Posts: 1, Reputation: 1
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    #1

    Jan 25, 2011, 07:38 PM
    Boy Friend Took & took all the while he's telling me were building a life togeather.
    My boy friend / feoncey had to go back to California to take care of his sick parents who lived in LA, 5 yrs ago. He asked me to marrie him just a few weeks after going to Californina.
    We'v been engaged now for 5 yrs. All the while I'm wireing him money every month & paying some of his bill's, there in California. Both his parents died last yr. Left him & his sister a house & him a car. All the while I'm still wireing him money & he's telling me were building a life togeather & he's returning & we will be getting married. His sister was just given control of the easte threw probate, by the court. Then she has him served an eviction notice & there both deviding the contence of the house.
    I just found out he's involved with someone else & he has no idea I know.

    "Can I place a lien on the house for All the money Ive paid or wired to him for his bill's ? Because as he's continually said over the 5yrs, Were building a life togeather.
    Will have the money from the sale of the house for him & I.
    ( his half between him & his sister)
    I have proof of all money's Ive wired to him while he had been taking care of his parents.

    Thank You
    Taken For A Ride !
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 25, 2011, 07:42 PM

    You can do nothing until you get a legal Judgment against him in a Court. You are obviously in different States. You would probably (depending on the dollar amount) sue him in Small Claims Court IN CALIFORNIA where he is. You cannot sue where you are.

    Get the judgment and then file the lien - if you have time before they sell the house.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 25, 2011, 10:54 PM
    Quote Originally Posted by JudyKayTee View Post
    ... Get the judgment and then file the lien - if you have time before they sell the house.
    I don't think that would work. It looks to me that the house is still owned by the probate estate, which owes nothing to OP.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #4

    Jan 25, 2011, 11:56 PM

    I have a silly question for the legal pros. Would she be able to sue for anything if all the money she sent was deemed a gift? If she has nothing in writing saying it was a loan does that have any bearing on this, or am I watching too much Judge Judy? ;)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 26, 2011, 07:21 AM
    Quote Originally Posted by AK lawyer View Post
    I don't think that would work. It looks to me that the house is still owned by the probate estate, which owes nothing to OP.

    You're absolutely right - she would get her Judgment and then look for assets. The house may (or may not) be an asset.

    For that matter if he's borrowing from OP he may not have any assets.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 26, 2011, 07:24 AM
    Quote Originally Posted by Altenweg View Post
    I have a silly question for the legal pros. Would she be able to sue for anything if all the money she sent was deemed a gift? If she has nothing in writing saying it was a loan does that have any bearing on this, or am I watching too much Judge Judy? ;)

    That, of course, will be his defense. That is ALWAYS the defense. These were gifts and he never asked for any of the money.

    She is ABLE to sue because you can pretty much sue anybody for anything g. Winning is another matter and certainly the gift defense will be brought in. I don't think she should be scared off by his possible defense.

    I do think part of the money may be beyond the Statute. Before we go into that I think OP has to decide if she has the time and means to pursue him in California.

    I still think - if she has the time and means to file in California - that she should sue him and see what a Judge believes.
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