Sueing Girlfriend for borrowed money

[legalprobs]

What is the name of your state (only U.S. law)? Wisconsin

Just curious if you guys think this is a viable case and if so, what I should do to prepare for court(I am filing these cases).


We were talking about getting married ... she was driving a crappy car. We wanted her to have a nicer car because I didn't want costly vehicle repairs in the future when we were together.

The car she purchased required a $5,500 cash deposit. I put down $1,500.00 in cash and post dated a check of $4,000. She broke up with me a week later, took the car and that was it. I took the money out of my account so the check wouldn't clear. The dealership is now filing criminal charges against me, a felony.

I want to get back the funds that I borrowed her for this car. I also paid for both of our car payments for 2 months while she was supposed to be making payments. This totals $870 for the vehicle she was driving. She also stole my cat that I paid for and is registered under my name. The cat cost us $250. I also borrowed her $500 to pay off two credit cards.

Overall, I'm filing a case for $3,120.00 for the above mentioned not including the $4,000. I've done research on the worthless check issue for the $4,000 and it seems that I can't be criminally charged for that and that the dealership will have to take it to small claims. Since the car is 100% in her name, I'm guessing they will have to go after her. However, at this point, I am still being charged for the $4,000 worthless check and currently responsible for that money. Can I sue her for that $4,000 too?


Any insights, information, questions or comments for me? I'd like to be prepared as much as possible. I took care of this young girl(20 at the time, now 21) for 13 months. Throughout this time, she didn't spend a penny on anything(I made good money last year and she didn't make a ton however banked whatever she did make). I even bought my own birthday present that she gave me. This girl took advantage of me for an entire year then at the end of our relationship, had been lieing and cheating on me while still using me and my finances up until I was dry. Two weeks after we broke up, she moved in with a new guy. I'm just astonished how someone could do this to a person. I gave her everything she wanted, was 100% loyal and faithful to her and gave up all my friends because she wanted me to.

I'd really like to get back some of the money I put into this relationship. I know most of the stuff I paid for throughout the entire year are considered gifts, including the diamonds, however I feel that I should be repayed for the borrowed money. Am I right on this?

Thanks for your help guys.

- Astonished.

 

[justalayman]

We were talking about getting married ... she was driving a crappy car. I wanted her to have a nicer car because I didn't want costly vehicle repairs in the future when we were together.

sounds like you cared so much for her you were willing to buy her a good car. That's nice of you.

I want to get back the funds that I borrowed her for this car.

see the first response.

You will have to convince a court it was a loan and not a gift.

. I also paid for both of our car payments for 2 months while she was supposed to be making payments.

and did you both talk about this and agree it was a loan? (see the first response)

I've done research on the worthless check issue for the $4,000 and it seems that I can't be criminally charged for that and that the dealership will have to take it to small claims.

I think you better research some more. I think you are wrong.

. Since the car is 100% in her name, I'm guessing they will have to go after her.

and you would be 100% incorrect.

I know most of the stuff I paid for throughout the entire year are considered gifts, including the diamonds, however I feel that I should be repayed for the borrowed money. Am I right on this?

if you can convince a court they were loans. Based on the first statement above, that might be difficult.


and you need to take care of the situation with the dealership. You wrote the check. You cancelled the check. That is between you and the dealership. Once you take care of that, you can sue your ex for it.

 

[legalprobs]

Thanks for the honest info.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Wisconsin

Just curious if you guys think this is a viable case and if so, what I should do to prepare for court(I am filing these cases).


We were talking about getting married ... she was driving a crappy car. We wanted her to have a nicer car because I didn't want costly vehicle repairs in the future when we were together.

The car she purchased required a $5,500 cash deposit. I put down $1,500.00 in cash and post dated a check of $4,000. She broke up with me a week later, took the car and that was it. I took the money out of my account so the check wouldn't clear. The dealership is now filing criminal charges against me, a felony.

I want to get back the funds that I borrowed her for this car. I also paid for both of our car payments for 2 months while she was supposed to be making payments. This totals $870 for the vehicle she was driving. She also stole my cat that I paid for and is registered under my name. The cat cost us $250. I also borrowed her $500 to pay off two credit cards.

Overall, I'm filing a case for $3,120.00 for the above mentioned not including the $4,000. I've done research on the worthless check issue for the $4,000 and it seems that I can't be criminally charged for that and that the dealership will have to take it to small claims. Since the car is 100% in her name, I'm guessing they will have to go after her. However, at this point, I am still being charged for the $4,000 worthless check and currently responsible for that money. Can I sue her for that $4,000 too?


Any insights, information, questions or comments for me? I'd like to be prepared as much as possible. I took care of this young girl(20 at the time, now 21) for 13 months. Throughout this time, she didn't spend a penny on anything(I made good money last year and she didn't make a ton however banked whatever she did make). I even bought my own birthday present that she gave me. This girl took advantage of me for an entire year then at the end of our relationship, had been lieing and cheating on me while still using me and my finances up until I was dry. Two weeks after we broke up, she moved in with a new guy. I'm just astonished how someone could do this to a person. I gave her everything she wanted, was 100% loyal and faithful to her and gave up all my friends because she wanted me to.

I'd really like to get back some of the money I put into this relationship. I know most of the stuff I paid for throughout the entire year are considered gifts, including the diamonds, however I feel that I should be repayed for the borrowed money. Am I right on this?

Thanks for your help guys.

- Astonished.

Throughout your entire story, you talk about paying this for her and buying that for her. Nowhere in your post do I see anything that says that there was an agreement between you and the ex-g/f to have her pay anything back. Without such an agreement or some kind of proof to the contrary, the court is most likely going to view everything you have done and given to her as gifts.

While it may be a very expensive lesson to learn, you are probably better off just walking away with your dignity on this one and taking this experience as an example of what NOT to do in the future.

 

[latigo]

Over and above the fact that this whole scenario smacks of a gift and not a loan –

The only way you could possibly assert that she is responsible for the $4K as represented by your NSF check to the dealership is to raise it by third party interpleader in a lawsuit brought against you by the holder of that check.

And by interpleading her ask that you have judgment over against her in the same amount of any for any judgment issued against you in favor of the holder of that check.

Either that or honor the check. Because as it stands now you are not out the $4K! How could you expect the court to reimburse you for damages that you have yet to suffer? I'll tell you - it won't!

But you would still be faced with the burden of proving that what you committed to the dealership in order to acquire the vehicle was a loan and not a gift to her. And here I see no evidence of it.

The only sensible thing you’ve mentioned is that criminal action does not lie for a post dated check!