Another robbed ex bf

[AnotherSucker12]

What is the name of your state (only U.S. law)? Illinois

So I dated this girl for approximately 2 years and loaned her money a few times and was wondering if I would win the case if I took her to small claims court…heres my story.
So the first time she owed me money was because I loaned her $1600 to bail her brother out of jail around October 2010. When it happend she promised to pay me back and obviously at the time I believed her. Around 6 months later she paid me back $1100 of it which left her balance at $500. She basically told me she would pay me back when she had the money (which I obviously believed at the time because she had already given me $1100 of it back). In March of 2011 her and her friend were trying to get this apartment together, because of their bad credit the landlord said they would have to put down a $6,000 security deposit on the place. They only had a combined $4,000 between the 2 of them so I loaned them an additional $2k so they could get the place, she promised to pay me back in increments every month but never had the money to start (I got a copy of the check I wrote her from my bank) so basically at this time she owes me a total of $2500. Around June/July time frame we decide to go on vacation to Cancun in August. I told her that I’ll pay for the flights (which was $800), and then we could split the hotel cost since she wanted to stay somewhere super nice. Well the hotel price was $1200 for 4 nights so we agreed to split it $600 each. She forgot her money during the trip so she said she’ll give it to me when we get back. During the trip I paid for everything (which I expect none of the drinking or gift money back). When we came back she asked me how much she owed me for everything and I said only the $600 for the hotel and that I would take care of everything else, basically bringing her balance up to $3100. Well a couple weeks after that (Beginning of september 2011) she started seeing some other guy and broke up with me. 2 weeks after that I sent her a message on facebook (cause her phone had been broken) saying look all I want back is the money I loaned you. She responded and said “look I plan on giving you back the money because it was a loan but you know I don’t have that kind of money“. She said she would give me $600 in a couple weeks. Couple weeks go by and I send her a message, no response. Then I send her another message and she asks for a couple more days but then doesn’t respond when I contact her. Finally I send her a message which said „“look this situation is getting too hillbilly for me, just borrow the money from one of your friends so we can cut the cord already“. I was basically super irritated that she kept asking for more time and then ignoring me when I sent her a message. After that we basically got into a big shouting match (not about the money at all) about relationship stuff and why we broke up blah blah blah. At the end she was like just give me 4 weeks so I can figure this out. 8 weeks go by (it’s January of 2012 now) and I finally send her a message on facebook (all of our conversations were through facebook) asking if she figured out the money situation. She didn’t respond so I sent her a text, she responded to the text and said if I could wait until they resign the lease because she gets $2k back from the security deposit then (which is 3/1 I believe). I said fine but I want $1100 before that because she owe’s me $3100. She agreed that she would give me $600 the following week. Well same thing again, I contact her and she doesnt respond, and then asks for a couple more days. But now the issue is that I contacted her via text 3 or 4 times in a row and she hasn’t responded. At this point I just want my money back, if I took her to small claims court would I win based on the facts I presented? I have all the facebook conversations and text messages saved (none of this was via phone). Also what happens if she doesn’t show to court? I think I read online that I win by default but what if she doesn’t pay when she gets the notice for $3100?

Any insight is much appreciated. Lesson learned.

 

[Antigone*]

What is the name of your state (only U.S. law)? Illinois

So I dated this girl for approximately 2 years and loaned her money a few times and was wondering if I would win the case if I took her to small claims court…heres my story.
So the first time she owed me money was because I loaned her $1600 to bail her brother out of jail around October 2010. When it happend she promised to pay me back and obviously at the time I believed her. Around 6 months later she paid me back $1100 of it which left her balance at $500. She basically told me she would pay me back when she had the money (which I obviously believed at the time because she had already given me $1100 of it back). In March of 2011 her and her friend were trying to get this apartment together, because of their bad credit the landlord said they would have to put down a $6,000 security deposit on the place. They only had a combined $4,000 between the 2 of them so I loaned them an additional $2k so they could get the place, she promised to pay me back in increments every month but never had the money to start (I got a copy of the check I wrote her from my bank) so basically at this time she owes me a total of $2500. Around June/July time frame we decide to go on vacation to Cancun in August. I told her that I’ll pay for the flights (which was $800), and then we could split the hotel cost since she wanted to stay somewhere super nice. Well the hotel price was $1200 for 4 nights so we agreed to split it $600 each. She forgot her money during the trip so she said she’ll give it to me when we get back. During the trip I paid for everything (which I expect none of the drinking or gift money back). When we came back she asked me how much she owed me for everything and I said only the $600 for the hotel and that I would take care of everything else, basically bringing her balance up to $3100. Well a couple weeks after that (Beginning of september 2011) she started seeing some other guy and broke up with me. 2 weeks after that I sent her a message on facebook (cause her phone had been broken) saying look all I want back is the money I loaned you. She responded and said “look I plan on giving you back the money because it was a loan but you know I don’t have that kind of money“. She said she would give me $600 in a couple weeks. Couple weeks go by and I send her a message, no response. Then I send her another message and she asks for a couple more days but then doesn’t respond when I contact her. Finally I send her a message which said „“look this situation is getting too hillbilly for me, just borrow the money from one of your friends so we can cut the cord already“. I was basically super irritated that she kept asking for more time and then ignoring me when I sent her a message. After that we basically got into a big shouting match (not about the money at all) about relationship stuff and why we broke up blah blah blah. At the end she was like just give me 4 weeks so I can figure this out. 8 weeks go by (it’s January of 2012 now) and I finally send her a message on facebook (all of our conversations were through facebook) asking if she figured out the money situation. She didn’t respond so I sent her a text, she responded to the text and said if I could wait until they resign the lease because she gets $2k back from the security deposit then (which is 3/1 I believe). I said fine but I want $1100 before that because she owe’s me $3100. She agreed that she would give me $600 the following week. Well same thing again, I contact her and she doesnt respond, and then asks for a couple more days. But now the issue is that I contacted her via text 3 or 4 times in a row and she hasn’t responded. At this point I just want my money back, if I took her to small claims court would I win based on the facts I presented? I have all the facebook conversations and text messages saved (none of this was via phone). Also what happens if she doesn’t show to court? I think I read online that I win by default but what if she doesn’t pay when she gets the notice for $3100?

Any insight is much appreciated. Lesson learned.

Way too much to read through. Look sue her in small claims court for whatever you feel she owes you. Don't be surprised if a judge hammers you, they really hate dealing with the pots and pans fo the BF/GF break ups.

 

[Proserpina]

(I did read it )


OP, all you can do is try.

It's easier to get texts and PMs into small claims than most other courts, but your biggest concern - as far as I see it - is actually collecting if you get a judgment.

Is she working?

 

[AnotherSucker12]

Well she works as a bartender (doesn't claim all the $ she makes on taxes).

She does go to school though and has some student loans out. I am not sure if she will need additional loans in the future and if her not paying the settlement will affect those loans.

(I did read it )


OP, all you can do is try.

It's easier to get texts and PMs into small claims than most other courts, but your biggest concern - as far as I see it - is actually collecting if you get a judgment.

Is she working?

 

[Proserpina]

That's what I feared.

She likely doesn't earn enough to be garnished. Her ability to get student loans won't be affected by failure to pay a civil debt like this.

Now with that said - if she's at school, that does suggest that she intends on having a career of some sort which suggests that she'll have a garnishable wage in the future. The judgment would be good for 20 years but has to be renewed at 7 and 14 to be enforceable.

Collection might also end up being more expensive than what you're owed.

(Do the amounts even fall in line with Illinois small claims, btw?)

 

[AnotherSucker12]

Well she actually makes $300-$400 a night (working 4 nights a week) bartending but i'm sure only claims a fraction of that on her taxes (on paper she probably says she makes $20-30k a year or something around there), I don't really have anyway to physically prove how much she actually makes, I just know cause I dated her for a couple years.

I would love to push for it to be garnished. When I first started dating her she owed her ex bf around $4,000 (yeah I should have known better after this). I dont know how I could push for it to be garnished. I really don't want to wait 7 years haha.

The amounts do fall within small claims for Illinois (under $10k)

What do you mean by collection might be more expensive than what you're owed?

I dont know if I should continue to push to get the money back directly through her or just go to court. Sounds like there is a good chance I wont get the money back through court.

That's what I feared.

She likely doesn't earn enough to be garnished. Her ability to get student loans won't be affected by failure to pay a civil debt like this.

Now with that said - if she's at school, that does suggest that she intends on having a career of some sort which suggests that she'll have a garnishable wage in the future. The judgment would be good for 20 years but has to be renewed at 7 and 14 to be enforceable.

Collection might also end up being more expensive than what you're owed.

(Do the amounts even fall in line with Illinois small claims, btw?)

 

[Banned_Princess]

Well she actually makes $300-$400 a night (working 4 nights a week) bartending but i'm sure only claims a fraction of that on her taxes (on paper she probably says she makes $20-30k a year or something around there), I don't really have anyway to physically prove how much she actually makes, I just know cause I dated her for a couple years.

you don't have to prove she works or what she makes. to report the judgment takes a professional, the only way you are guaranteed to get the judgment amount, is if she sells property. (you have to put a lien on the property, that cost money as well.

I would love to push for it to be garnished. When I first started dating her she owed her ex bf around $4,000 (yeah I should have known better after this).

irrelevant.

I dont know how I could push for it to be garnished. I really don't want to wait 7 years haha.

you would want to hire a professional to do this as well.

The amounts do fall within small claims for Illinois (under $10k)

What do you mean by collection might be more expensive than what you're owed?

you have to pay a professional debt collector to do the garnishments and liens, (or sell the settlement with him) and if she doesn't have anything, how are you going to collect the award>? -so collecting on the judgment is the hardest part of the process, and its likely you wont ever see a dime of that judgment.

I dont know if I should continue to push to get the money back directly through her or just go to court. Sounds like there is a good chance I wont get the money back through court.

I don't know I didn't read your novel.