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Ugly and dumb loan made- seeking repayment

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barbacow

Junior Member
I am in CA. Over a year ago I lent a now ex-boyfriend $15,000+ through the use of a transfer balance convenience check from a credit card so he could make a move from TX to PA. The verbal agreement was that he make timely payments and pay off the balance on the card. The agreement was made in CA (where i reside) and he now lives in PA. His 3 late payments have raised the interest rate on the credit card and affected my credit history. He continues to make tiny payments, but still owes $10,000+ on the card. Can I sue to get the remaining balance? I have e-mail records of each payment made by him. Can I file in CA, or do I have to file in TX or PA?
 


JETX

Senior Member
barbacow said:
Can I sue to get the remaining balance?
Yes, but one of your MANY problems is that the amount you are claiming exceeds that allowed by California (and Texas) small claims... and PA's limit is $10k.
So, it is likely that you will also need a local attorney to pursue your claim in higher (Superior) court.

I have e-mail records of each payment made by him.
That may, or may not, be sufficient to show that a loan existed.

Can I file in CA, or do I have to file in TX or PA?
File in California. The defendant could then file a motion to dismiss due to venue.... and you would then have to argue why your state (CA) is appropriate. This would likely be due to the contract being entered into in, and funds sent from, CA.

One huge problem though.... is does he have sufficient non-exempt assets to go after if you were to win??
 

barbacow

Junior Member
He owns a vehicle, and has earnings coming in. I know the loan is high, and I am willing to sue for the maximum alloted in my state, which is less than the total sum he owes me as long as I know I can get a judgement. Do you think I can do this?
 

barbacow

Junior Member
But is this liable to be a case that I could win in court? What process should I use? Do I file in CA, get a lawyer, ie- what do I do if I decide to sue?
 

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