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Ex-fiance owes $12K

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Beth7777

Junior Member
What is the name of your state? Michigan

I broke off the engagement and gave the ring back. However, since I financially supported him during college, etc. (in anticipation of him getting a job later and contributing equally), I am now in significant debt. He continually lied about his job search efforts, dragged his heels, and cheated on me. Now, I feel it is only fair for him to repay me for those expenses I "upfronted" for him through the relationship. I could have made the list very long, but limited it to things like tuition, books, his personal cell phone, student loan payments, payments to his credit card accounts, etc. This totals about $12,000. I left off items that could be interpreted as "gifts". I feel he is getting off pretty easy considering my debt totals over $30K.

A month after the breakup, he agreed to meet with me to "settle the finances". He was unable to pay me anything that day, but I did convince him to sign a repayment agreement. I made sure to state that the amount was a "loan" that needed to be paid back. We both signed and dated this "contract". He agreed to pay me on a monthly basis, until the amount is paid in full. (2 years).

I have a feeling that I may never see this money.

Questions:
Will this signed document hold up in court?
Since I don't qualify for small claims court, where do I go?
Would they garnish his wages? Is there a way to get my money faster?
Can I get him to pay for my legal fees if necessary?

THANKS for your help. It is appreciated!
 


divgradcurl

Senior Member
"Will this signed document hold up in court?"

This will depend on the actual wording of the document.

"Since I don't qualify for small claims court, where do I go?"

District Court for the district you are in. This is regular court, not small claims, so you'll need to decide if you want to try it yourself or get a lawyer involved.

"Would they garnish his wages?"

If you win, then if he has nonexempt assets, yes. We need someone familiar with MI law to chime in on this to be sure.

"Is there a way to get my money faster?"

Not unless you can convince him to give it to you right now...

"Can I get him to pay for my legal fees if necessary?"

Court filing fees, almost certainly. However, legal fees related to lawyers and the like you won't get unless that is included in the written contract.
 

Beth7777

Junior Member
On the signed document, it says:

"I, 'ex-fiance', agree that the above expenses were paid on my behalf by Beth xxxx with the understanding that it was a loan and would have to be paid back"

"I, 'ex-fiance' promise to pay back the above amount of $xxxxx to Beth xxxx until the balance is paid in full"

I don't think he has any real assets (except for the engagement ring, which was paid for with credit), so I guess I can expect monthly payments until it is paid off.

Do I really need a lawyer? Seems like I could represent myself since I have a signed contract. About how much does it cost to file a lawsuit? Does it vary by state?

Thanks for your help. It is appreciated.
 

JETX

Senior Member
"Will this signed document hold up in court?"
*** Based on your post, it SHOULD be sufficient to show payment of the funds and that there was a repayment agreement.

"Since I don't qualify for small claims court, where do I go?"
*** In Michigan, the proper court would be District court. They have jurisdiction above small claims limits, up to $25k.
Go to: http://courts.michigan.gov/trialcourts/trial.htm#district

"Would they garnish his wages?"
*** No. That would be a process that YOU would do, but requires you to have a judgment first.

"Is there a way to get my money faster?"
*** Do you have an 'uncle' named Vito??

"Can I get him to pay for my legal fees if necessary?"
*** Not unless they are included in your written 'loan repayment' agreement.

"Do I really need a lawyer?"
*** Naturally, your interests would best be protected by your having an attorney, since District court is a higher court of record where you are expected to KNOW the rules and processes. If you feel comfortable with them, go for it. However, if he gets an attorney to defend himself, you will be at a HUGE disadvantage.

"About how much does it cost to file a lawsuit? Does it vary by state?"
*** Also, county by county. Contact your local district court and ask. A list of links can be found at:
http://courts.michigan.gov/scao/services/dirs/tlinks.htm
 

Beth7777

Junior Member
Thanks so much for your help! I feel a little better about the situation. Hopefully he will pay me as agreed in the contract and I will never have to go to court!
 

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