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loaned money and counter suit?

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encryptor

Junior Member
What is the name of your state? Michigan

Ok this is about as soap opera as you can get but here goes. Back in March my best friend of 20 years and his girlfriend were having issues and I told him anytime he needed a place to stay he could stay here. He moved in and said he would help with the bills since he was living here and his son was living here 1/2 the time also. April came around and my wife overdrew our checking account. He offered to give me money to put into to bank. He game me 700.00 and told me not to worry about it and to pay my house payment and other bills first.
A few weeks back I found out he told my wife of 8 years that he had always had feeling for her and he wished they were together. I found out she was taking time off work to hang out with him. They were never sexually intimate, but there was kissing and such. My wife told me she only overdrew the account because she was going to leave to be with him and that she didn't care. He left the night I confronted him about it and had his ex come get his things. My wife and I sat down for 4 hours and she told me everything, although he wont admit any of it. We have reconciled our relationship, but with a big trust issue. He is not suing me for the money and I am thinking about a countersuit for 25% of my household expenses. Maybe marriage counseling, but I don't know how far that would go.
Please tell me how this might turn out. I have been thinking about bringing up his character in court. He is hooked on Vicodin, ran to another state because he thought he was going to get in trouble for forging prescriptions, hasn't filed taxes in 4 years, owes $1000.00 in back child support, I know he has broken into cars and stolen things a number of years ago, recently he left the scene of an accident. The list goes on, but I don't know if any of this will have any bearing in small claims court.

I have took 25% of my household expenses (mortgage, food, elec, gas) and it comes to 445.00/month. He lived here for almost 2 months. There is nothing written for anything, but I don't want to lie in court, I am sure since there was an oral offer and acceptance that this means something. Can someone help me out here. Do I have any claim against him? Mental anguish, this really did turn my life upside down? Living expenses?
 


JETX

Senior Member
encryptor said:
Please tell me how this might turn out.
Pretty simple.
You file a lawsuit, but do not have a valid claim, so you do NOT get a judgment.
Your wife decides to leave you anyway, clearly she thinks you are a wimp.
The lender comes by, puts wheels under your trailer and tows it a way.
And eventually, you die.
End of story.

Now, did you have a LEGAL question in your little 'soap opera life'??
 

encryptor

Junior Member
JETX said:
Pretty simple.
You file a lawsuit, but do not have a valid claim, so you do NOT get a judgment.
Your wife decides to leave you anyway, clearly she thinks you are a wimp.
The lender comes by, puts wheels under your trailer and tows it a way.
And eventually, you die.
End of story.

Now, did you have a LEGAL question in your little 'soap opera life'??
Wow, and I thought this was an advice forum. I think there were a few legal questions in there.

After 8 years in the military, I don't see myself as a wimp, sorry. My wife had apologized over and over and she is the one who told me about this situation. My house is not on wheels thank you. It's almost 4000sq ft, on 5 acres, built 10 years ago. Thanks for insight on this matter, it was almost helpful.

What is the difference btw him telling me he would help pay housing expenses while he and his son lived in my house and me telling him I would pay him back? If anyone has any real information for me, It would be appreciated. Thank You
 

JETX

Senior Member
This is a LEGAL advice site.... not Oprah or Dr Phil, or any of those other 'give-a-hug' websites.

As for your 'legal questions'..... Here they are:

"Do I have any claim against him?"
You might.... but based solely on your post, no.

"Mental anguish, this really did turn my life upside down?"
No. There is NOTHING in your post to even suggest you having a valid claim. But go ahead if you want..... give an attorney $10k to $15k to bring your claim.

Living expenses?
Nope.

TWO questions.... if this guy is as bad as you say he is..... "hooked on Vicodin, ran to another state because he thought he was going to get in trouble for forging prescriptions, hasn't filed taxes in 4 years, owes $1000.00 in back child support, I know he has broken into cars and stolen things a number of years ago, recently he left the scene of an accident."
1) What makes you think that you would ever get anything from him even if you were to get a judgment?
2) What does that say about YOU when your wife wants a 'relationship' (no sex.... yea, right???) with that kind of person??
 

fairisfair

Senior Member
not to mention those are clearly the qualifications to look for when inviting someone to stay at your home.

Please say there are no children in that home**************.....puhleeeese
 

encryptor

Junior Member
JETX said:
TWO questions.... if this guy is as bad as you say he is..... "hooked on Vicodin, ran to another state because he thought he was going to get in trouble for forging prescriptions, hasn't filed taxes in 4 years, owes $1000.00 in back child support, I know he has broken into cars and stolen things a number of years ago, recently he left the scene of an accident."

What makes you think that you would ever get anything from him even if you were to get a judgment?
I don't want any money from him, I want this to go away, I want nothing more than to never hear of him again. But this lowlife is suing me in small claims. I just want it to offset the amount I owe him, if I have to pay it, big deal it's 700.00. But I don't think he deserves a dime. I tried to help him. I have known him since grade school, and I am not one to turn my back on someone in need. Lesson learned.

As for my wife. After knowing her for 14 years and being married for almost 9, with two wonderful children, I don't want my children to suffer for someone else's mistakes. It's not their fault. They should not have any consequences in this matter.
 

fairisfair

Senior Member
encryptor said:
I don't want any money from him, I want this to go away, I want nothing more than to never hear of him again. But this lowlife is suing me in small claims. I just want it to offset the amount I owe him, if I have to pay it, big deal it's 700.00. But I don't think he deserves a dime. I tried to help him. I have known him since grade school, and I am not one to turn my back on someone in need. Lesson learned.

As for my wife. After knowing her for 14 years and being married for almost 9, with two wonderful children, I don't want my children to suffer for someone else's mistakes. It's not their fault. They should not have any consequences in this matter.
then perhaps you might take those little darlings into consideration before you invite another sex crazed, drug addict, thieving, dead beat into what should be their safe and happy home.

Pay the guy the $700 bucks and get him out of your life forever, you said you would pay him back, there was no agreement made regarding him paying rent. Help you out with expenses isn't going to make it.
 

Dandy Don

Senior Member
So what if he is suing you in small claims court? He has no basis to claim any money and you don't either. You were a friend letting him stay there for free, and you were lucky to get the $700. He won't win his case so you have nothing to worry about, and you can easily show that much in living expenses while he was there, can't you?
 

AHA

Senior Member
encryptor said:
He is hooked on Vicodin, ran to another state because he thought he was going to get in trouble for forging prescriptions, hasn't filed taxes in 4 years, owes $1000.00 in back child support, I know he has broken into cars and stolen things a number of years ago, recently he left the scene of an accident.
Sorry, but how can you be friends with someone like that? :eek: :eek:
 

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