How long do I have to file a claim? Do I have a case here?

[bigterf]

Michigan

My ex-girlfriend and I had a verbal agreement that she would pay me back for money I loaned her to buy her new car, for two checks for rent that I agreed not to cash untill she had money in her account and then canceled the account, and for the $1000 security deposit that was used to replace the carpet due to her cats. This all adds up to nearly $4000. I wanted to keep things civil and I knew she wouldn't have the money for a few years, so I gave her time to pay me back. It has almost been 4 years and she has yet to pay me a dime. In the meantime, she has moved to Austin, TX. My question is A: Do I have a case to force her to pay or garnish her wages? B: Would I have to go to Texas to go to court, would she have to come back to Michigan, or is it done over the phone or online? C: Is there a certain time limit I have to take this to court? Like I said, it has been about 4 years since I loaned her the money and she agreed to pay me back.

 

[Antigone*]

As a claims adjuster let me start off by telling you not to try to commit fraud like some have already suggested by changing your story to say the accident occurred last week or today to try and get coverage for it as more than likely you will have coverage for the loss if you had a valid policy a year ago when the loss actually occurred. Second do you know what type of collision coverage you had on your policy at the time of the loss (Broad-Form, Standard, or Limited) as that will make a difference on whether you will have to pay your deductible? In the case of your loss the only way you would not be responsible for your deductible would be if you had Broad-Form Collision Coverage. If you Standard or Limited then you will have to pay your deductible. Hope this helps you out. Also most states only have statute of limitations for third party claims which in the case of your situation does not appear that there is going to be a third party attempting to make any claims against you or your policy for this loss. You should be ok to go ahead and file a claim with the insurance company that you had at the time of the loss a year ago. They may ask you to take a recorded statement and investigate further into why you took so long to file the claim but just tell the truth to your insurance company and everything should end up fine for you. Also try to pinpoint the exact date when the loss occurred before making the claim.

huh

am I nutty or is the poster

 

[bigterf]

Yea, not sure what that first reply was.

Is there not anyone who can offer me any legal advice?!

 

[dcatz]

A: Do I have a case to force her to pay or garnish her wages?

No wage garnishment in TX. If you had a judgment, it would have to be enforced in another way.

B: Would I have to go to Texas to go to court . . . .

You go to TX. You may not be able to get jurisdiction over her for this matter to be heard in MI and, even if you could, you’d have to domesticate in TX to enforce a judgment. Less expensive to start there.

C: Is there a certain time limit I have to take this to court?

The MI Statute of Limitations on an oral contract is 6 years. According to your post, you have time.

A: Do I have a case?

Not one that’s strong enough that you should be urged to pursue it. It’s an oral agreement and your evidence is not that strong. When she says all the money was a gift, you have to convince a court that it wasn’t. “He said – she said” is not a strong case. It gets weaker still, if she can show that she gave you gifts. It’s your choice to try.

 

[bigterf]

Thank you for your help! The information you gave is helpful. You still believe I do not have a case even if I have copies of the rent checks that I delayed cashing and a copy of our lease agreement with a list of charges and her name on it? The $2,000 I lent her for the car could be ruled a gift. Although, wouldn't she have to prove that she got me gifts? She really never gave me anything. If we went to court and she does not argue that she owes me the money, I would win correct? Then how could I go about getting her to pay? There is no way to have the trial in MI where the oral agreement was made? I thought that the case would take place where the contract was created.

 

[dcatz]

Q. You still believe I do not have a case . . . ?
A. I said that, in my opinion, it’s not a strong case. Others may feel differently. You have the burden of proof. You only have to convince the judge. And “our lease”? – I had the impression that it was her rent, when I wrote that.

Q. If we went to court and she does not argue that she owes me the money, I would win correct?
A. Correct.

Q. Then how could I go about getting her to pay?
A. She agrees to it, or you use what tools you have in TX. TX is not a creditor-friendly state – another reason that some might feel that there are problems.

Q. There is no way to have the trial in MI where the oral agreement was made?
A. I said “you may not be able to get jurisdiction” (because of issues with non-resident service). Check your statutes. If that’s not a problem, you still have to domesticate in TX, which means that you serve her again. Any procedural defense to a MI judgment is a defense to domestication. It made sense to me to start in TX.

In responding to your questions, I’m just repeating myself. Invite more satisfying opinions and advice.

 

[bigterf]

Thank you for your advice. You have given me a few things to consider before deciding to continue with this case.

 

[bigterf]

Any other words of advice for my case? Should I go through the trouble of going to Austin to take her to court?