suing after breakup

[jodean]

What is the name of your state? pa
my ex b/f is suing me for 3900.00 from 2003. we were living together in my home and he put money into it. i wrote him out 2 postdated checks. soon after he told me he ripped them up and not to worry about it because at the time we were building a future together. he helped with mortgage as well but never said i was to pay this back and was never spoken about. not sure of the time involved we began arguing and at that point he said he wanted money each time a different amount when we would argue. then we would make up and said he was sorry and not to worry about it.let it go.then we would argue and said he wanted money so on and so on. we offically broke up in sept 2005. now all of a sudden he sent me certified letter dated 11/03/06 just on regular letter paper not notorized.stating he wanted 3900.00 within a month or he will see me in court. what shall i do?

 

[seniorjudge]

This is a very common kind of lawsuit in small claims.

Just go in and tell your side and tell the truth.

 

[tessa]

Why don't you just pay back the money? This case will be your word againsed his. This will rest on who the judge believes! Plus, if he has any documentation or cancelled checks / Mo's etc!! I can tell you from experience, if he is convincing and has proof of the loan transactions he will probably win!! Then you risk a judgement and some embarrassment! You need to ask yourself a few things? 1. How would you feel if you were the other person? meaning, if they borrowed from you wouldn't you want to be repaid? 2. You did borrow the money from him and you should rightfully repay the loan.. If he wins he can petition for a Judgement against your salary or personal property. I have seen it many times...Especially when the borrower has had ample time and sufficient notice to satisfy the debt. Judges like to see that an honest effort was made to resolve the issue before it makes it's way to small claims, it saves tax dollars to settle out of court. If you ignore the request for payment you may only be causing yourself more heartache in the end. No one had to loan you anything!! Good Luck!!

 

[neener17]

The fact is you did accept the money and you should at least make an attempt to pay it back. The court may look at you like someone trying to weezle your way out of repaying money you gladly accepted at the time. If you borrowed the money from a financial institution you would have to pay back with interest and if you refused to repay the institution would certainly sue you for the money. I get the impression just because this person is no longer in your life, you feel that justifies 'screwing' them out of the money. Essentially this is what you are doing to this person, I guess there are a lot of 'jerks' in this world.. But, there is no crime against being selfish and cheap.. I am sure the other person learned a lesson about whom they can trustAlso, to stay away from people such as yourself.

 

[buckbill]

You have a 50-50 chance. I can speak for myself. If I was in a relationship that ended for whatever reason, I would still pay the money back. Because, I feel it is the moral and correct thing to do. Obviously, you must have different morals and standards. Whatever personal feelings you may hold toward one another has nothing to do with this loan. I take it that you probably feel like you will never see him again, so what is the big deal taking his money and not returning it. It seems you want answers on this forum that will convince you not to pay the loan back to the originator. If you decide to allow this issue to be taken in to court, don't forget if you LOSE, you may be ordered to pay court fees and this gives the plaintiff an opportunity to ask the Judge to impose interest on the loan. Because you held out for so long and making no attempt to repay, the plaintiff has an excellent chance of getting interest fees also. Another reason I would re pay the money is because I wouldn't want all the added stress in my life worrying about going to court and the possible outcome. Who needs an added aggrivation in their life, it is a waste of time and energy. This is your decision, remember when you walk in to the court room you have no IDEA who's favor the judge will rule upon.

 

[BarbT]

The courts don't really care nor want to hear about your lovers quarrels. If you borrowed money from this person, it should be paid back to them. If you have no agreement stating you didn't have to repay the loan, then you will have to repay it.
I agree that if this goes to small claims and you lose, you may be responsible for court fees and interest charges. If you pay this back now you can put this issue to rest and have a clear conscience. Maybe you don't see it that way. I was always told that small claims judges will award the plaintiff money owed to them as long as they have visible proof that the transactions took place. As long as the Plaintiff in this situation has some documentation thru cancelled checks, cashed money orders, wire transfers etc, they will win the case. Good Luck with this issue.

 

[taniamariella]

The court will also take into consideration that he lived in the house with you as well. Counter sue him for living expenses. I think things will balance out.It is only fair that he help pay the bills while he lived there.

 

[shannon-cl]

If he did in fact live in the house with you what expenses did you pay for on his behalf? If it was equal split while living together than that has NO bearing on the outstanding debt you owe! The fact that you already received notification that he plans to take the issue further, I wouldn't sit back and just assume you will prevail in the end. I agree with the statements already made that if your ex has proof of the money transactions, you don't have much of an argument. The judge dose not care to hear about your personal issues or personal aspects of the case. If you plan to argue what you stated in this thread, about the arguments and other hearsay, good luck. It sounds like a red herring to take the focus off of the real issue here "repayment of the money"!! This issue can be more serious than you think. ONE IMPORTANT THING TO KEEP IN MIND- If the plaintiff does decide to litigate the case (because you refuse to pay), he/she has the option to file the complaint in the township in which he lives in or the township you reside in (as the defendant). If it is filed in your district, then that is a good indicator that if he wins, he will have full authority and right to request a lien on your property (if you own one). If he is smart that is what he will probably do. More than likely the Judge will grant the request. You then face a lein on your property until it is sold. Then the plaintiff will be paid from your estate before you get any of the money. The judge would be likely to allow property attachment/lein if he/she feels you were obstinate in ignoring the plaintiffs request for payment prior to the court date. I guess take your chances!!