ex owes money, refuses to pay

[lwc]

What is the name of your state? Missouri

I paid for my now ex-boyfriend to move here to Missouri from Philadelphia. In addition I supported him for two months while he looked for a job. I also paid for his train ticket to go home for the holidays, but he never retured.

When we broke up he agreed over the phone to pay me $1000. It has been over a year now and all he has paid me is $350.

Our last email conversation, he said that I should not call or write him and he will pay me when he can. I feel that he is never going to pay me the money unless forced to.

I do not have a written contract, but I do have emails in which he say's that he is sending me money. In our final email I asked him to set up a payment plan to pay me the $650 that he owes me, and that is when he said not to call, write and that he will pay me when he can.

He never actually says I owe you ...

However, I have proof of him sending me money, and he doesn't deny owing me $650 in the last email.

Is this enough proof for a case in small claims court?
Also can I file here in MO, rather than in PA (where he now lives)??

Thanks

 

[JETX]

Is this enough proof for a case in small claims court?

Probably.

Also can I file here in MO, rather than in PA (where he now lives)??

Yep. But if you win, you will have to domesticate the judgment to where he lives.... and has assets.

 

[seniorjudge]

... He never actually says I owe you ...

These are very common small claims cases. I call them "common law divorce" proceedings. Anyway, you have a very strong burden of proof problem: i.e., proving that when you gave him the money that he agreed right then to pay you back. Getting the money back you spent on a former friend is an exceptionally hard case to prove in small claims court.

 

[JETX]

proving that when you gave him the money that he agreed right then to pay you back.

And of course, that is NOT true!!
There is no obligation for the borrower to make a repayment committment at the time the money is transferred. In fact, the borrower can make the 'promise to pay' before or even long after the loan. The only issue is.... was there a 'promise to pay'.

Getting the money back you spent on a former friend is an exceptionally hard case to prove in small claims court.

Not really. I have had cases where the court simply reviewed the 'logic' of the issue and determined that the money was a loan. Simply, if there was no other reason for the lender to give the money to the other party, it MUST have been a loan. One case in particular..... two friends. One 'loaned' $1000 to the other so that he could get his car repaired. The borrower claimed the $1000 was a 'gift'. The court simply found no reason or logic for the 'gift'.... and ruled that it was a loan. All depends on the court.... and the presentation.

 

[seniorjudge]

And of course, that is NOT true!!...All depends on the court... and the presentation.

Hmmm...must've changed contract law since I was in law school. I learned you needed agreement, consideration, and (if necessary) a writing.

Anyway, I agree with the second sentence.