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(ex) Girlfriend not paying back...

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scorp74

Junior Member
What is the name of your state? CA

Hi, I dated this girl for one year. She lived 60 miles away from me. She is a nurse and lived with her parents. We broke-up a couple of times.
The pattern is she will get upset for some reason and won't reply to my phone calls for a month or two. After this period, she would answer me or call me back. We broke up in October.

In December, I called her and we met. She was moving to a new place near my area. And she was short of money to buy bed, which was delaying her moving. She wanted $1000 and said she will pay it back in 2-3 days. I gave her because I trusted her and in one past instance she paid me back in time. I wrote a cheque and there was no written agreement. I have only the bank records and a faint carbon copy of the checque I wrote.

I also ordered her a DVD set (around $40) online using my credit card and to be delivered to her house address since she did not have an account in that online store. She was supposed to pay me back this too.

After this, She did not call me back. I called her back after a week and asked her for the money. She said she has a lot of expenses for christmas and will pay be after the holidays. I reluctantly said OK. She also said she cannot take vacation and will be working during the holidays.

I then called her normally and she would not respond. She only replied in text messages. She said she lost her phone and so could not reply me earlier. She then messaged me that she is going on vacation for 2 days and call me when she is back. She didn't call back. I called her after a week casually to check if she received the DD set. And she replied with a text message that she is still on vacation and in Vegas gambling. She kep replying me in pages of text messages which was annoying because talking by phone would have been easier. So I was upset with her and stopped calling. She sent a New YEar's wish text message on new year's eve and said she will call me when she is back on the first week of Jan. She never called and nor returned any of my calls since then. I called her family home and someone said she no longer lives here implying she moved to her new place. I don't know her new address. But I know the phone number and address of her parent's home and sister's home and her cell phone number.

I gave her enough time thinking she is just upset as usual. But it has been 1.5 months since I got a text message on new year's eve. I am confused and not sure if she is trying to cheat on my money because she was planning on leaving her job, so she might not have much money now. She may be using this break-up period an excuse to buy time. But I am not sure.

Sorry for the long message. I wanted to explain the situation.

My legal question is, what are my chances if I decide to go to small claims court? I have a faint carbon copy of the cheque,can get a bank statement for the chque transaction and I have the permanent home addresses of her parents and sister.

I am not sure about calling/meeting her parents regarding the money. Not sure, if it will work or if they will support me against their daughter. I am also afraid she may make some fake allegation against me. I never had the impression she will go to such extent but I am just cautious. I do not want any legal hurdles because I am migrant professional worker on work visa.

Please helpe me and give your advice on this.

regards
V
 


JETX

Senior Member
scorp74 said:
what are my chances if I decide to go to small claims court? I have a faint carbon copy of the cheque,can get a bank statement for the chque transaction and I have the permanent home addresses of her parents and sister.
I agree with SJ....
You can certainly file a lawsuit against her to try to recover the money. However, it will be up to YOU to PROVE to a court that the money was a loan... and not a gift, as she will surely claim.
 

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