try again, fiance screwed me

[stefane826]

What is the name of your state? new jersey. to make a long story short. fiance and i lived together for almost 3 years., spent close to $10,000, fixing house up that we lived in and paid off his truck loan of $3,600.00. I had to moved out of state for a while. we didn't break up. any way i went up there this past xmas and thought things were fine between us. less than 2 weeks later i asked him to get me a computer on his credit and i would make the monthly payments. he said no problem and the laptop was shipped to me. i called him up one night to ask him when the payment was due and ia girl answered. needless to say. im not paying the computer off. i told him that and he said that i would not get any of my personal stuff back. i told him he owed me more than i owe him and that i was going to take him to court. the truck loan payment and the computer payment were verbal afreements between us. im not asking for the $10,000 that i put into the house just my personal belongings and the truck payment minus the computer payment which is only $838.00. this is a really involved case and i live in south carolina now. thing is i only have a cancel check for the truck payment which doesn't state that. what are my chances in court? is there a time limit which i have to take him to court? can i supeona him to bring receipts, since these are one of the things i left there? he gave me no explaination on what happened to our relationship. i found out that a few weeks later that this girl moved in with him. i've known this man for 36 years, we were a couple in high school and had a baby together. also i know he has a thing about paying interest on his credit so i know that the computer is paid off for and i dont want to be charged for the interest on it. so can i supeona him to bring the last statement of this laptop? also can i claim compensation for 2 days pay that i will lose and traveling expenses to travel up to new jerssey to take him to court? any help will be appreiciated. thank you.

 

[Ohiogal]

What is the name of your state? new jersey. to make a long story short. fiance and i lived together for almost 3 years., spent close to $10,000, fixing house up that we lived in and paid off his truck loan of $3,600.00.

You were quite generous with your gift of the truck payment. And spending 10k on rent is rather inexpensive -- that is only $277.78 roughly a month.

I had to moved out of state for a while. we didn't break up.

Okay.

any way i went up there this past xmas and thought things were fine between us. less than 2 weeks later i asked him to get me a computer on his credit and i would make the monthly payments. he said no problem and the laptop was shipped to me.

So he loaned you the money. And you agreed to pay him back by making the monthly payments.

i called him up one night to ask him when the payment was due and ia girl answered. needless to say.

Needless to say?

im not paying the computer off.

A court will award him the computer payments. You are digging yourself a hole -- you are in a snit and NOT acting like an adult but a petty child.

i told him that and he said that i would not get any of my personal stuff back.

Well he can hold on to your stuff until a court orders it returned. Which it will eventually -- probably when it orders you to pay for the computer in whole as well as all interest, fees and court costs.

i told him he owed me more than i owe him and that i was going to take him to court. the truck loan payment and the computer payment were verbal afreements between us.

I see nothing where you say the truck payment was a loan from you to him. Nothing at all.

im not asking for the $10,000 that i put into the house just my personal belongings and the truck payment minus the computer payment which is only $838.00.

You wouldn't get the 10k. You do not deserve it. You will get the personal belongings if you can prove they are yours. You won't get the truck payment which was a gift but you will have to pay the computer payment which will be $838.00 plus interest, court costs and fees.

this is a really involved case and i live in south carolina now. thing is i only have a cancel check for the truck payment which doesn't state that. what are my chances in court?

There is NO proof that the truck payment was a loan.

is there a time limit which i have to take him to court?

Yes -- it is called a SOL. You would have to sue him in the state where this took place.

can i supeona him to bring receipts, since these are one of the things i left there?

Receipts of what? receipts will show what was paid but they will not show that it was a loan.

he gave me no explaination on what happened to our relationship. i found out that a few weeks later that this girl moved in with him. i've known this man for 36 years, we were a couple in high school and had a baby together.

He doesn't owe you an explanation. None.

also i know he has a thing about paying interest on his credit so i know that the computer is paid off for and i dont want to be charged for the interest on it. so can i supeona him to bring the last statement of this laptop?

He will have to bring proof of what the laptop cost including interest.

also can i claim compensation for 2 days pay that i will lose and traveling expenses to travel up to new jerssey to take him to court? any help will be appreiciated. thank you.

You are responsible for the court case and you want to charge him for taking you to court to get the money he LOANED you? Yeah -- that won't work. You will be responsible for your lost pay and traveling expenses. You are in the wrong here. You are acting like a petty child and the courts will not reward you for that.

 

[Ozark_Sophist]

There is also no proof the computer was a loan.

 

[stefane826]

petty child?

ok so i didn't make myself clear. yes he did ask me to loan him the money for the truck payment. like i sid if was a verbal agreement because his ex fiance stuck him with a repo car payments, which he said after he was done making those payments he would pay me back. there's no proof that i told him either that i would pay him back either. yes the 10k for improvements to the house he did not ask for. anyway i lived there for 2 and a half years and by my calulation that equals to about $360.00 a month which was the mortage payment on the house. im not being petty. the relationship is done, he shouldn't of led me on and i want my stuff back. yes i was going to subtract the computer from the truck loan. im not petty at all. he's done this to two other innocent women and now hes working on the third. he even told me I WANT IT ALL, and he doesn't care how he gets it.

 

[Ohiogal]

There is also no proof the computer was a loan.

Reread what she wrote -- SHE ADMITTED IT! That admission is proof. Now granted she would most probably lie in court but she did admit it here.

any way i went up there this past xmas and thought things were fine between us. less than 2 weeks later i asked him to get me a computer on his credit and i would make the monthly payments. he said no problem and the laptop was shipped to me.

AND

i called him up one night to ask him when the payment was due and ia girl answered. needless to say.

 

[Ohiogal]

ok so i didn't make myself clear. yes he did ask me to loan him the money for the truck payment.

When did he ask you to loan him the money? And why didn't you put that in the first post?

like i sid if was a verbal agreement because his ex fiance stuck him with a repo car payments, which he said after he was done making those payments he would pay me back. there's no proof that i told him either that i would pay him back either.

So when asked in court if you promised to pay him back you are what? Going to lie? Yep that shows maturity and honesty. And as though you are behaving as an adult.

yes the 10k for improvements to the house he did not ask for. anyway i lived there for 2 and a half years and by my calulation that equals to about $360.00 a month which was the mortage payment on the house.

And it is rent. You do not get that back at all.

im not being petty. the relationship is done, he shouldn't of led me on and i want my stuff back.

Then fine. Pay him for the computer and you get your stuff back.

yes i was going to subtract the computer from the truck loan. im not petty at all. he's done this to two other innocent women and now hes working on the third. he even told me I WANT IT ALL, and he doesn't care how he gets it.

And you weren't the first and you apparently didn't think that way before or you would not have given him money. What did you think? That all the other women were just being mean to him for breaking his heart?

 

[stefane826]

forget it, ohiogal.

ohiogal i don't know why you are coming down so hard on me. you do not know the facts. and there is no way that i would lie in court for your information. he on the other hand will, that's why i only needed help with a few questions i posted on here. we never discuss rent at all when we moved into his mothers house like we discussed it with the house before that one. we split the rent in half but i paid for all the utilites at the house before his mothers house. he got full custody of his three kids and that's when the mother told him to move into her house. i paid for the phone service and internet and bought my own food. plus i had a credit card payment from the repairs to the house of $200.00 a month. All what he paid for was the electric and the taxes ( apprx.) $400.00 a month. So, no i didn't have to pay rent. After he got the kids he said i didn't even have to work that he would take care of me. I think he wanted me to be a nanny to his kids. anyway, i said no and continued working 13 hours a day, where as he only worked 6 hours a day. i said from the beginning that i didn't want that money back from the house repairs but he did mention time and again that i would get it back. that is not the issue here at all. its the truck loan. he was making payments on it and about 4 months after he got the truck a letter came in the mail saying that the saturn which his ex-fiance had got repoed because she didn't make the payments on it. That's when he asked me for the loan to pay off his truck because he couldn't afford two payments a month. he told me when he was done with paying off the Saturn he would start paying me back. OK? Is it a little bit clearer to you now? And with the other two women i came to light of those facts into and after our relationship. also doesn't relate to my situation. sorry i mentioned it. But this man has problems about taking things that doesn't belong to him and not giving them back. like a serial killer, he has to have memento's of his victims.

 

[ForFun]

Without a written agreement of some kind, I doubt the $10k will be considered rent (don't know where you're coming from Ohiogal). On the other hand, it may be considered a gift -- but then again, so might the truck payoff and the computer.

Take the ex to court, tell the truth, and the judge will probably see it your way (depending on facts not shared here, common sense probably indicates that the truck and computer were either both loans or both gifts).

 

[Ohiogal]

Without a written agreement of some kind, I doubt the $10k will be considered rent (don't know where you're coming from Ohiogal). On the other hand, it may be considered a gift -- but then again, so might the truck payoff and the computer.

Take the ex to court, tell the truth, and the judge will probably see it your way (depending on facts not shared here, common sense probably indicates that the truck and computer were either both loans or both gifts).

I am coming from the law and the fact that courts often see money towards a home that the person does not own but live in as rent. Plain and simple.

 

[ForFun]

I am coming from the law and the fact that courts often see money towards a home that the person does not own but live in as rent. Plain and simple.

Really? I've never seen that, unless of course the money actually was rent.

Which courts/cases are you referring to?

 

[Ohiogal]

Really? I've never seen that, unless of course the money actually was rent.

Which courts/cases are you referring to?

I've seen it quite a bit around here.

 

[ForFun]

I've seen it quite a bit around here.

Such as...?

It seems to me that if there is no lease, then there is no rent. So, you're implying that a court will invent a lease where none existed (which would also violate the statute of frauds in the OP's case), and will then rule that money given for repairs is rent? Nope...not gonna happen. It sounds like a distortion of some already ridiculous ruling on Judge Judy.

 

[fairisfair]

Such as...?

It seems to me that if there is no lease, then there is no rent. So, you're implying that a court will invent a lease where none existed (which would also violate the statute of frauds in the OP's case), and will then rule that money given for repairs is rent? Nope...not gonna happen. It sounds like a distortion of some already ridiculous ruling on Judge Judy.

Obviously the court will look at all of the evidence, if the $10,000 was in one large chunk, or can be proven to be spent on improvements, then perhaps it will be looked on as a loan. however, if this person was tossing in a few hundred bucks every so often, you can bet it will be looked at as rent. Horse hockey on the lease thing. There are many many tenants throughout the universe who do not have written leases and yet pay rent. Not alot of smart tenants, (or landlords), but there are many.

 

[stefane826]

im not asking for that.

i'm not asking for the $10,000.00 for the repairs on the house. i myself feel that what money i put into the house i considered as rent paid for the time i was living there with him and his 3 kids. i'm fair when it comes to these things. i don't go looking for hand outs like my ex does. i'm just want the truck loan payment minus the computer payment from it and other things which i won't go into. so in all i'm only asking for about $1,300.00 from him plus my personal belongings. i feel that i shouldn't pay for his ex fiances screw up. he should of taken the car from her and he would of had that car instead and only one car payment. he didn't do this because the registration was in her name but the payment was in his. im not a greedy person or a bitter ex that wants to get back at him for doing what he did to me. i just want my things back and i want to do it the right way.

 

[fairisfair]

i'm not asking for the $10,000.00 for the repairs on the house. i myself feel that what money i put into the house i considered as rent paid for the time i was living there with him and his 3 kids. i'm fair when it comes to these things. i don't go looking for hand outs like my ex does. i'm just want the truck loan payment minus the computer payment from it and other things which i won't go into. so in all i'm only asking for about $1,300.00 from him plus my personal belongings. i feel that i shouldn't pay for his ex fiances screw up. he should of taken the car from her and he would of had that car instead and only one car payment. he didn't do this because the registration was in her name but the payment was in his. im not a greedy person or a bitter ex that wants to get back at him for doing what he did to me. i just want my things back and i want to do it the right way.

file in small claims.