• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex does not want to pay

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

natalia21

Junior Member
What is the name of your state? Indiana/ Florida

Ok, let me just appologize in advance that this is going to be kind of a LONG STORY...but, I have NO experience whatsoever in the legal system, and have lots of questions!

I guess where the whole thing starts is March of '04 my then boyfriend was going through some financial hardships, but was also attempting to get a new apartment at the time, so at that time I helped him to get an apartment (security deposit, 1st month's rent, etc.) but I was given his word that he was going to pay me back ASAP. (I was not on the lease at all though, and I had a place of my own)

Soon after he asked me to help him out by loaning him some money $2500 to pay off a previous debt. Considering I was still in school at the time, I definitely did not have the extra cash just laying around (and still don't, being a teacher) but, he convinced me to use a Convenience check from my credit card, to give him the loan. So I have record of the transaction on my credit card, and from the deposit into my bank account, and then... if I can get access to it, I could show the deposit into his bank account (I think it was in the form of a cashiers check). Again, he said he was going to pay me back ASAP - and kept saying that he was working a lot and workin OT etc, so it wouldn't take long...when I agreed to loan him the money I mentioned to him that he would also be responsible for the interest which was 3.9% for the transaction.

There were several other "loans" in the form of cash mostly that I don't have quite as much proof of, but these were mostly used to pay for things like his car payment etc. but again, were LOANED with the understanding that they'd be repaid.

In about July we both moved down to Florida (despite my gut that it was a bad idea...I now know the true meaning of going with your gut) and signed a lease together this time for an apartment. Before the move I had a teaching job lined up, and he was "looking" , but we moved down to Florida with the understanding that all expenses were going to be split, including moving expenses etc. Unfortunately, because he was unemployed at the time I was paying for EVERYTHING from living expenses, to gas $ for the move, and other moving expenses as well. All of these things were supposed to be SPLIT.

As could be expected... he never got a job, things got bad, we broke up, he moved back to Indiana etc. I have not seen ONE DIME from him- no rent $, no $ back for the "loans", NOTHING AT ALL. I have been in contact w/ him about this and he's up and down- some days he seems to agree that he does owe me the money back, and other days he tries to deny that he owes me anything at all (Including for the cell phone which is in my name, that just so happens to be in his possession and he continues to run extremely high bills on, but... has done ok with paying for up until the past couple of months). Lately, he's avoiding my calls, and not returning the calls...and has even told a friend of his that he is "hiding" from me.

There's more...but, I think I've gone on long enough already... basically he owes me somewhere between 5,000 and 10,000 if I go as far as splitting expenses for gas $, etc. for the trips down to Florida while moving etc.

FINALLY THE QUESTIONS:

#1 do I have any chance of getting any money out of him if I would take him to court? Especially considering I have no written contracts and he tends to deny that he owes me anything...and I have a feeling he would have no qualms about lying about these things in court.

#2 is there a limit on how much money you can sue for in small claims court? Because, I know that it is in excess of 5,000.

#3 Does it matter which state I file in? Would it be better to do it in Indiana since that is where he is currently living? IF I did do it in Indiana, would I be able to even bring in the things that happened when we were in Florida (rent)?

#4 Is there any way to do anything about the cell phone? I mean, besides cut it off so that the bill doesn't continue to grow... can I take him to court for the cost of cutting off the phone as well as the money that he has racked up on it? (at this point would equal around 800)

#5 What if the judgement would be in my favor...but, he has "Nothing" in terms of assests etc?

PLEASE HELP!! I know I made some really bad choices, by loaning him as much $ as I did, especially considering much of it was on credit cards...but, I guess I was just trusting that he would keep his word- mistake! So needless to say, I'm 23 years old and sittin on a ton of debt that isn't even really "MINE" (except of course for the fact that it's all in MY NAME) :(

If anyone has any words of wisdom (besides telling me that I was an idiot :) ) I would GREATLY appreciate it! AGAIN, sorry for the enormity of the post but I thought that it would probably be easier to answer my questions when given detailed information!

THANKS in advance for your help!!
 


Let me appologize in advance for those who will most certainly appear out of thin ether-air and call you an idiot. You do know that is coming, right? :D

I tend to think there are others here that can offer far more solid information to you than I can where there is such a complex personal jurisdictional issue to contend with. So I would approach your situation in another way.

Are you sitting down? You aren't going to cry are you? I don't wish to upset you, not one bit, but here's the skinny.

Although this is an understandable dollar amount to wish recompense for, are you absolutely certain you wish to spend that exact same amount of money in the hope of just a mere possibility of getting even just a percentage of that money back?
 

natalia21

Junior Member
ex does not want to pay

Are you saying that basically I would have to spend just as much in court fees/lawyer fees to get even a percentage of it back? And... no, I mean, I have already come to terms with the fact that I will probably NOT get it ALL back, but even SOME of the money would be helpful you know?

All I really want to know is whether or not I would even have a case... given the fact that I do have receipts/ credit card transactions for MUCH of the stuff. Also, I have been told that until he signs a roommate release form to take himself off of the lease (which I am waiting for him to do right now so that I can get another roommate) then he is still legally responsible for the apartment along with myself...including rent etc. True??? Would this hold up in court?
 
I might agree that you have a case, but you might have to agree that it will require super-human stamina to maintain it.

Two jurisdictions may be involved. Keeping track of everything timely and correctly filing it all - and I am referring to your attorney doing this, and it gets even more intense if you do it.

The travel time, and expense, and lost wages. These are only those things to consider.

You get to a court finally, he says everything was consentual and gifted, and then it boils down to credibility in a civil proceeding. Who's got more of that?
Not during the entire length of all these episodes, but who has credibility sitting in front of the judge for 30 minutes out of their life?

You do not mention if you are a teacher in FL, but I have a suggestion if you are.

Each morning, before calling roll, say these few words; "Class.....Classs.......CLASSSSSS !!!!! That's better, now then, remember, when you get older, you cannot borrow your way out of debt. O.K.?; O.K.! Now then, Johnny Appleseed, are you here this morning...."

If you do this, and your fellow teachers do this, the next generation will fare far better than you and I did. ;)
 
Last edited:

natalia21

Junior Member
What if I just tried for SOME of it? Like, for instance the rent money owed from Florida to start? Or the 2500 on my credit card, that I have proof of? I mean, that would take care of the bulk of things... would these things be THAT difficult?

And, my question about filing in Indiana vs Florida... if I would do it down here, and then he doesn't show up... is the ruling automatically in my favor?

As far as the hassle of filing everything and keeping track...I've got everything pretty much already, I think...but there might be more to it than what I know, at least from the way you're sounding (well, from what I'm reading)

Let me know...and thanks!

PS: I teach 1st grade, not sure if they'd understand!! :) But, if I'd teach older kids...I might just try it!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top