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Recourse on personal loan to ex boyfriend

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leftinthelurch

Guest
What is the name of your state? virginia

over the course of 15 months, i loaned ~$25k to my boyfriend who was unemployed. the last "loan" was 11 months ago. he was a resident of the state of florida who spent part of his time living in va with my looking for employment. the "plan" was for him to find a job, move to va and for us to get married and live "happily ever after" and work to pay down the debt together....turns out he was not yet legally divorced from his first wife and they had a son i had no knowledge of until the last month of our relationship. he left to go back to fl for a "job interview" and has not contacted me since. i thought he went back to his wife...i recently found out through a mutual acquaintance that he has finalized his divorce and is in the process of selling their home, but still does not have full time employment...i have a record of all funds loaned to him and receipts for most of this...currently, the balance is on a credit card that i am paying monthly payments on. i have attempted to contact him and make payment arrangements, but he has ignored me. what legal recourse, if any, do i have and due to the balance does this fall under "small claims"? any advice is appreciated. thanks.
 


B

Brookeley

Guest
My ex boyfriend stole my credit card out of my purse and charged almost $3000 on it. I took him to small claims court and won because I had it in writing and he did not deny the charges.

I think the best thing for you to do is contact your courthouse. Most small claims courts have a limit that you can sue for (Washington's is $4,000 I think).

Also (and again I am not sure about Virginia), I think that when you sue someone, you sue them in the county (or city) in which the crime took place. If you ask your court and this turns out to be true, all you have to do is have him served. Then when he doesn't show up for court you automatically win. Then when he doesn't pay, you go back to court and have his wages garnished.
 

JETX

Senior Member
"what legal recourse, if any, do i have and due to the balance does this fall under "small claims"? any advice is appreciated. thanks."
*** The key to your entire situation is going to be WHAT, if anything, do you have in writing from this person saying that the funds you provided were LOANS and that he promised to repay them???
Absent that, you will have an extremely hard time even proving that they were loans (and not gifts).

Further, your problem is compounded by the amount claimed. It easily exceeds the limitations of small claims court in VA ($2000) and in FL ($5000). This means that your lawsuit (if you were to file one) would be in a higher court and an attorney will be required.

Personally, it sounds to me like you are going to get a very expensive life-lesson..... "Never, EVER loan money to anyone else. And if you do, get the loan and repayment agreement in WRITING.... with interest, jurisdiction statement and legal expense recovery."
 

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