a laon to the x

What is the name of your state? MA
I made a loan to my husband at a time when we had been seperated for a year and then tryed to reunite. the loan was for a court case that he had which came up a couple of months after we got back together. I made it clear that this money was a loan becaause I had my doubts about the relationship working out. This was money I had saved while we were seperated. About $3000. The money was paid to him in may of 2001. We again seperated in May 2002. April 2002 he signed an agreement saying that this was indeed a loan and that he would make payments of $20 per week to me. He has not made the payments for almost 2 months now. I am on a wait list with a local free legal service for a divorce. The wait may be several months for that. Can this be addressed within a divorce or should I maybe try small claims court. Can anything be done at all.

It's cheap to file in small claims court, but I don't know if $3,000 is over the limit in your state. You have the signed loan agreement, but see if you can show where you took the money out of the bank. If you wrote him a check, or used a bank draft, find copies of those.

reply to reply

I have the copies of the cancelled checks but they were not paid directly to him. One was written to a lawyer on his behalf and the other was written to his x wife for child support arrears on his behalf. The one check written to his xwife was done at a court hearing and given to her at that time. I want to know if it is possible to get this money back somehow when we get the divorce, which is how i would rather do it than going to small claims court. I have heard and read that even if I win in small claims court it still might be very difficult to get what is owed to me.