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Ex boyfriend stealing my money

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Tkny

Junior Member
What is the name of your state (only U.S. law)? CA
I gave my boyfriend a loan of $2500.00 about 4 months ago to help start up his business. I wrote him a check but put nothing in the memo. We had a verbal agreement that he would pay me back after the first of the year. We broke up last week and when I call him he hangs up or won't answer. Should I send h a letter stating I will take him to small claims court if he doesn't pay me within 10 days? How strong of a case do I have as I only have a copy of the check?
 


justalayman

Senior Member
You have no claim until after the first of the year. Remember this:

We had a verbal agreement that he would pay me back after the first of the year.
You are about 11 days premature at this time.
 

sandyclaus

Senior Member
You have no claim until after the first of the year....
You are about 11 days premature at this time.
x2.

Just because you broke up and he is not answering the phone nor calling back doesn't necessarily mean he is reneging on your payment arrangement. It MIGHT, but until the time for payment due comes and goes with no payment received, you have no claim.

And even if/when the time comes that he doesn't pay, you will still need proof that he even owes the debt in order to seek a judgment before the court. (Especially because we all know what kind of he said/she said arguments are likely to be made as a result of a nasty breakup between exes.)

I would definitely send a letter (certified, return receipt requested) to remind the ex of the debt. You will have established a written record on your part, and the ex might just decide to do something stupid like respond in writing, or provide some other kind of evidence you can use in court to prove your case. Stranger things have happened. :rolleyes:
 

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