Ex owes money... can I do this?

[marge0002]

What is the name of your state? Virginia

My boyfriend was going through hard times financially and I was financially stable. I agreed to lend him money (quite often) until he got back on his feet. He has verbalized that he has "always intended to pay me back." Of course, we broke up before that happened. I kept a list of everything I lent him, and have some receipts and credit card bills, but not all--and the credit card had his name as a second user (I did this to allow him to obtain better credit). Not all of the borrowed funds involved the credit card--some were cash. I've called him many times since the break up but he always has an excuse that he's short on money and something to the effect of he doesn't feel bad because I don't "need" the money. The total amount was around $2800. Knowing about his debt to me, his parents took care of selling his car (ok'd by him) and gave me $800 (cash). I've seen none of the remaning $2000. 1) Is this appropriate for small claims court? 2) Do I have enough evidence?

 

[JETX]

Is this appropriate for small claims court?

Yes.

Do I have enough evidence?

Hold all of your information up to the screen so we can see it....
A little closer.....

Just a little closer..... hold it...
Okay. Yes, you do.

 

[marge0002]

one more question

Does the fact that he was listed as an "additional card holder" hurt me?

 

[JETX]

Does the fact that he was listed as an "additional card holder" hurt me?

In my opinion, yes. It could support his claim (if he makes it) that the items charged to the card were gifts and not loans.
So, what exactly do you have to support your claim that these were loans.... and NOT gifts?

 

[marge0002]

reply...

what exactly do you have to support your claim that these were loans.... and NOT gifts?

To be honest, I'm not sure. All along we had verbal agreements that everything was a loan and to be paid back. There was never any indication that they were gifts. The cash loans were simply loans. The credit card "loans" were more like theft--I NEVER agreed that he could use the card if he needed to, so anything charged by him was done with him aware that it was not "approved" by me, for lack of a better term. Even now, when we talk, he verbalizes that the agreement was always for him to pay me back; I'm just worried about any story he might try if we were to go to small claims court. His parents are aware of the situation and of the exact amount (as they have already helped me with the sale of his car). I'm not sure they'd agree to get involved, though.

 

[JETX]

The credit card "loans" were more like theft--I NEVER agreed that he could use the card if he needed to, so anything charged by him was done with him aware that it was not "approved" by me, for lack of a better term.

Sorry, but that won't 'fly' since you allowed him to be an 'authorized user' on your card.... that is NOT a loan.

The only thing I can suggest is that you try to bolster your claim of the loan by sending him a very nice certified RRR letter. Include details of EACH loan (date, amount, circumstances). Include a clear statement that these were LOANS and not gifts. Then, close with something like "If you disagree that these were loans, please contact me in writing within 10 days with your version of these loans."

Keep a copy and proof of delivery. If he replies, you have his position. If he doesn't, the court MIGHT consider that as an admission that they were in fact loans.

 

[seniorjudge]

Hold all of your information up to the screen so we can see it....
A little closer.....

Just a little closer..... hold it...
Okay. Yes, you do.

Even if...oh wait a minute...that was just a coffee stain. Never mind.

Senior Moment Judge

 

[rachelsfx]

Smart

Sorry, but that won't 'fly' since you allowed him to be an 'authorized user' on your card.... that is NOT a loan.

The only thing I can suggest is that you try to bolster your claim of the loan by sending him a very nice certified RRR letter. Include details of EACH loan (date, amount, circumstances). Include a clear statement that these were LOANS and not gifts. Then, close with something like "If you disagree that these were loans, please contact me in writing within 10 days with your version of these loans."

Keep a copy and proof of delivery. If he replies, you have his position. If he doesn't, the court MIGHT consider that as an admission that they were in fact loans.

I did the same thing once and the idiot signed it agreeing to repay the $500. I made copies, then turned around and send a demand letter for payment. He did it.

-Rach

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"The law and stupidity are the same thing, except the law has rules."