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Ex Bail Out, Owes Money

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kuehnau

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

My girlfriend's Ex-Boyfriend and Mother owe her money. Her Ex was arrested and needed bail and his Mother pleaded with my girlfriend to take out a loan to get him out, promising to pay her back. Several months later, they are broken up and she is seeing me and the family is giving her a hard time.

The boyfriend is always texting her saying how much she hurt him and how much he loves her and pleads to talk to her. She has been all but ignoring him. His mother keeps promising to pay back the money but never comes through with the promises. My girlfriend has text messages and e-mails from his Mother promising she would pay her back.

Recently the Ex has started saying he will be the one who decides if he does or doesn't pay her back and to stop talking to his Mother. He started saying he had the money and he just wanted to talk to her. My girlfriend finally broken down and talked to him trying to get her money back, only having him plead to take him back, when she refused, he said he wasn't going to pay her a dime and then made suggestive threats about me.

My biggest question is, does she have any sort of leg to stand on in court? It was a verbal agreement between the Mother and my girlfriend that she would be paid back. She has voice mail, text messages and e-mails to verify that claim. She is thinking about taking her to small claims court, I am wondering if it would save time to just cut her losses and just forget about it, but with interest she stands to loose close to $1,000.00

Also, please refrain from commenting on her judgment on the subject. She is already upset about the situation, she knows what happened was a bad judgment call. That isn't why I posted this thread.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

My girlfriend's Ex-Boyfriend and Mother owe her money. Her Ex was arrested and needed bail and his Mother pleaded with my girlfriend to take out a loan to get him out, promising to pay her back. Several months later, they are broken up and she is seeing me and the family is giving her a hard time.

The boyfriend is always texting her saying how much she hurt him and how much he loves her and pleads to talk to her. She has been all but ignoring him. His mother keeps promising to pay back the money but never comes through with the promises. My girlfriend has text messages and e-mails from his Mother promising she would pay her back.

Recently the Ex has started saying he will be the one who decides if he does or doesn't pay her back and to stop talking to his Mother. He started saying he had the money and he just wanted to talk to her. My girlfriend finally broken down and talked to him trying to get her money back, only having him plead to take him back, when she refused, he said he wasn't going to pay her a dime and then made suggestive threats about me.

My biggest question is, does she have any sort of leg to stand on in court? It was a verbal agreement between the Mother and my girlfriend that she would be paid back. She has voice mail, text messages and e-mails to verify that claim. She is thinking about taking her to small claims court, I am wondering if it would save time to just cut her losses and just forget about it, but with interest she stands to loose close to $1,000.00

Also, please refrain from commenting on her judgment on the subject. She is already upset about the situation, she knows what happened was a bad judgment call. That isn't why I posted this thread.
Whether or not she can prevail in court will come down to several points.

Is g/f's claim believable? Can the ex b/f try to paint her as trying to seek vengeance against him for any reason? So far, nothing in your post shows a motive that can be held against her.

Does your g/f have proof of the debt? Actual documents or some other credible evidence (other than a verbal agreement) showing the ex-b/f and his mother accepting responsibility for the debt? Verbal agreements usually come down to a he said - she said, and are hard to prove. You can use the text messages as hard evidence against mom. You might have a problem with the ex-b/f because he has never put anything in writing.

Does your g/f have anything to gain by paying that bail? Did she benefit? The judge will look to see who gained from the payment of that bail. The ex-b/f was the primary beneficiary, his benefit is clear. No bail, he'd still be in jail. Mom's benefit is a little fuzzier.

These are the hurdles you'll have to jump to win this case. Definitely worth the fight, IMHO. Go for it.
 

kuehnau

Junior Member
My girlfriend is a good girl, she was in a 5 year relationship with the boy who was very abusive to her. He stole from her and her family and lied to her and abused drugs. She actually has a charge against him for stealing her checks and making purchases with them. He has been in jail before for other charges. He isn't a very nice person. She just wants the loan to be paid off and to move on with her life and by not paying it she is stuck with problems from her Ex and his Mother who seems to support his bad habits and behaviors.

Besides Voice Mail, Text Messages and E-Mails, all made by the mother promising to pay back the money, she has paper work of the loan through a company in town, she can easily prove the debt. But the debt is in her name. The Ex has made comments that it "Is his debt and he will pay it, not his mother" and so on and so fourth, but that's about it.

She was very close to the boy before they broke up and even closer to the mother. She felt bad he was in jail and got a loan to bail him out of jail after his mother begged her to help him out of jail.
 

Yertle8

Member
He can say what he wants about it, the loan agreement was made between your gf and his mother. That's who she needs to sue if she doesn't get her money.
 

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