What is the name of your state?New York City, NY
Request for Advice:
I am considering filing a claim in New York small claims court and would appreciate any feedback on the feasibility of my claim or issues I need to be aware of in advance if any.
Specific Issue:
The return of $5000 that I gave for the down payment of an apartment purchase.
Background information:
I am a gay man, who in the Fall of 1996 was 25 and entered into a relationship with a man ten years my senior. After dating for several months we jointly rented an apartment (in a co-op building) in the spring of 1997 in which all expenses were split evenly (rent, utilities, food.)
In the fall of 1999 a sponsor apartment in the same building became available for purchase. My partner's credit rating was poor though mine was worse; consequently our mortgage broker advised us that we stood a better chance of securing the financing, and receiving co-op board approval without me on the application.
Subsequently my partner did secure a mortgage and "we" purchased the apartment with a down payment that included $5,000 of my own funds that my partner asked me to borrow from my family. After the purchase was complete we even split the monthly mortgage and maintenance payments (in addition to the usual household expenses: cable, utilities, food, etc.)
In the Spring of 2000, my partner and I ended our relationship with him retaining the apartment and all furnishings and I moving out with only clothing, photos and personal items.
I did not request at the time the return of my $5,000 deposit as I felt guilty at the time for being the one who requested that we end the relationship, and believed morally that I would just have to swallow the loss as the cost of ending the relationship.
Current Situation:
Having recently experienced financial hardship, I contacted him in regards to the money, initially asking for a loan. After several days, he has responded and informed me that he has no intention of assisting me and requests that I do not contact him again. I have informed him in an e-mail that I am planning on filing a claim in smalls claims court.
Final Notes:
1. I do not believe my ex-partner would lie in court about the money exchanging hands. I believe his argument would be based on my forfeiting the equity when I moved out and that we are passed the statue of limitations for me to request it returned.
2. Our discussion at the time of the purchase of the apartment was that it would be my part of the down payment and that though the papers would be in his name, we would eventually draw up papers where he could name me as a co-owner. Obviously that never happened.
3. I have no paperwork to show I gave him the $5,000 though I can get my brother (who lent me the money via a check) to testify that I borrowed it from him, what my expressed purpose for it was, and that my partner thanked him for it as well.
4. At the time of my leaving the apartment, we never discussed the $5,000. Though it was admittingly ignorant of me, I was hoping that as someone ten years my senior he would do the correct thing and return it to me voluntarily. I was also so nervous about creating any problems that I did not take or argue for any of the gifts (computer, dvd player, furniture) that were purchased for the both of us as house warming and Christmas gifts by his parents.
5. I had begun to pay my family back the $5,000 and have already returned approximately 1/5 of the money. I can prove these payments they were done automatically from my checking account via $50 bi-monthly checks to my brother.
Request for Advice:
I am considering filing a claim in New York small claims court and would appreciate any feedback on the feasibility of my claim or issues I need to be aware of in advance if any.
Specific Issue:
The return of $5000 that I gave for the down payment of an apartment purchase.
Background information:
I am a gay man, who in the Fall of 1996 was 25 and entered into a relationship with a man ten years my senior. After dating for several months we jointly rented an apartment (in a co-op building) in the spring of 1997 in which all expenses were split evenly (rent, utilities, food.)
In the fall of 1999 a sponsor apartment in the same building became available for purchase. My partner's credit rating was poor though mine was worse; consequently our mortgage broker advised us that we stood a better chance of securing the financing, and receiving co-op board approval without me on the application.
Subsequently my partner did secure a mortgage and "we" purchased the apartment with a down payment that included $5,000 of my own funds that my partner asked me to borrow from my family. After the purchase was complete we even split the monthly mortgage and maintenance payments (in addition to the usual household expenses: cable, utilities, food, etc.)
In the Spring of 2000, my partner and I ended our relationship with him retaining the apartment and all furnishings and I moving out with only clothing, photos and personal items.
I did not request at the time the return of my $5,000 deposit as I felt guilty at the time for being the one who requested that we end the relationship, and believed morally that I would just have to swallow the loss as the cost of ending the relationship.
Current Situation:
Having recently experienced financial hardship, I contacted him in regards to the money, initially asking for a loan. After several days, he has responded and informed me that he has no intention of assisting me and requests that I do not contact him again. I have informed him in an e-mail that I am planning on filing a claim in smalls claims court.
Final Notes:
1. I do not believe my ex-partner would lie in court about the money exchanging hands. I believe his argument would be based on my forfeiting the equity when I moved out and that we are passed the statue of limitations for me to request it returned.
2. Our discussion at the time of the purchase of the apartment was that it would be my part of the down payment and that though the papers would be in his name, we would eventually draw up papers where he could name me as a co-owner. Obviously that never happened.
3. I have no paperwork to show I gave him the $5,000 though I can get my brother (who lent me the money via a check) to testify that I borrowed it from him, what my expressed purpose for it was, and that my partner thanked him for it as well.
4. At the time of my leaving the apartment, we never discussed the $5,000. Though it was admittingly ignorant of me, I was hoping that as someone ten years my senior he would do the correct thing and return it to me voluntarily. I was also so nervous about creating any problems that I did not take or argue for any of the gifts (computer, dvd player, furniture) that were purchased for the both of us as house warming and Christmas gifts by his parents.
5. I had begun to pay my family back the $5,000 and have already returned approximately 1/5 of the money. I can prove these payments they were done automatically from my checking account via $50 bi-monthly checks to my brother.