What are the chances of me winning a case against my ex boyfriend?

[chelle21689]

Hi, I'd like to know if I have a chance of winning a case against my ex-boyfriend. He owes me $6,000. We broke up almost two years ago but were together for 5 1/2 years since I was 16. I live here in Ohio but he moved to California.

During this one year he needed help badly when he was kicked out of his apartment and had no where to go. I was naive and stupid when I was young and gave him my life savings of $2,500 to help him with a new place to stay, groceries, and I even paid for some of his car bills. He promised to pay me back and I believed in him.

He still couldn't find a good job enough to keep up with his bills AND pay me. I remember my mom loaning him $500 to buy a camera and start his passion in the photography business. He did buy the camera but never seriously pursued a business in it but he truly loved photography....Anyways he ended up moving to be with his parents in California and then ended up joining the Army. He promised he'd pay with his bonus but then bought a car to get to work. When he came back he begged me to get him this $600 HTC smart phone so we can keep in touch and that he'd pay with his airborne school money from the Army. Nothing...anyways we ended up breaking up due to the distance but he promised to pay me back.

During the first several months we broke up, I realized that $10-$20 was being deduced from my bank account each money. I didn't realize this 7 months into it. It racked up to me about $200 some dollars. I traced it and it turned out to be from his hometown (it had to be him!) and the xbox online bills. He claimed he thought his brother was paying for the bills and didn't know my card was entered in. Whatever. We were on decent terms and still speaking so he gave me SOME money....that is until he met a girlfriend and got married pretty quickly.

Payment stopped since he wasn't allowed to talk to me because of her jealousy. He PROMISED he'd pay when he got back from his deployment in Afghanistan...it's been a year and he's BACK now and is IGNORING ALL OF MY MESSAGES, TEXTS, Facebook messages, etc. NO WORD at all when I know for sure he's seen it.

Here's why I think I might have a chance to win and let me know if this works out in my favor legally
1. Recorded conversations
I hope Facebook can be used as proof. I have proof of all of our conversations AND arguments over the money owed. He admitted to OWING me amount of money owed, PROMISED me he'd pay me when he gets back from his first deployment, and ADMITTED that my account was being charged from his XBOX without my consent. Is this any help at all?
2. I have statements that show up to 5 months of being charged monthly of this XBOX transaction. I have older statements but I'd have to pay $6-$8 if I want to obtain them.

It sucks because here in Ohio small claims only goes up to $3,000. Honestly I just want some of the money back because I feel like I deserve it.

 

[swalsh411]

Sure you have a chance. Good luck collecting from this deadbeat though.

 

[Sloop John D]

A loan of money is something that can be recovered through the court system. Sometimes you can even recover interest, depending on the circumstances.

A gift, however, generally may not be recovered. If an exchange of money was made as a gift without any intention that the money would be paid back, it is unlikely the sum may be recovered through the court system.


It sounds like you're asking more about the strength of your evidence than the law. It's difficult to comment about the strength of your evidence because in a small claims case, sufficient evidence is whatever will convince the judge that you're telling the truth. I believe the standard is by preponderance of the evidence, which basically means the judge needs to believe your side of the story just a little bit more than he believes the opposition's side of the story for you to win.

Tell your side of the story, because testimony qualifies as evidence, and bring any other documents or evidence that you can possibly find to help support your version. Try to keep in mind when you're delivering your evidence that you probably won't be able to recover anything if the money was given as a gift instead of a loan.

Even though you can't bring an attorney with you to small claims court, you can still consult with an attorney beforehand. It would probably be a significant help, as he will be able to tell you exactly what you will have to prove to win, and exactly which evidence will be work best.

 

[Proserpina]

OP, you'd have to sue him in CA.

Suing is the easy part. Collecting is a whole different animal.

There's info on the CA small claims process here:

http://www.dca.ca.gov/publications/small_claims/basic_info.shtml

 

[Ohiogal]

OP, you'd have to sue him in CA.

Suing is the easy part. Collecting is a whole different animal.

There's info on the CA small claims process here:

http://www.dca.ca.gov/publications/small_claims/basic_info.shtml

How do you figure? He contracted in OHIO for the loans.

 

[chelle21689]

Thanks for the quick advice everyone! Quick questions:

1.So what the hell is the point of suing someone if you won't be receiving the money and they get no penalty for that (assuming I win the case). I don't mind flying to California because I love it there and have been wanting to go back with my bf to visit. Wow...it'd be so awkward sitting in the courtroom facing my ex and his new wife with me and my bf.

2.Has anyone ever used Facebook messages/emails as evidence used in court and win? It was stated repeatedly in our CONVERSATION that it was a LOAN and definitely not a gift.

3. I thought you're allowed to have an attorney? Not that I plan on having one.

 

[Proserpina]

Thanks for the quick advice everyone! Quick questions:

1.So what the hell is the point of suing someone if you won't be receiving the money and they get no penalty for that (assuming I win the case). I don't mind flying to California because I love it there and have been wanting to go back with my bf to visit. Wow...it'd be so awkward sitting in the courtroom facing my ex and his new wife with me and my bf.

2.Has anyone ever used Facebook messages/emails as evidence used in court and win? It was stated repeatedly in our CONVERSATION that it was a LOAN and definitely not a gift.

3. I thought you're allowed to have an attorney? Not that I plan on having one.

Attorneys are not permitted in small claims court as a general rule. Ohio "apparently" deviates from the rule, so it might be worth a quick consultation. If for nothing else, to confirm that Ohio does actually have jurisdiction.

The point of small claims? Well, the painful reality is that again - no matter WHERE it happens - successfully suing (and thus obtaining a judgment) is the easy part. Collecting on the judgment is completely different. Some states don't, for example, allow "regular" creditors to attach wages. There may be exemptions which prevent you from attaching any real assets.

It's not fair, but the reality is that the majority of small claims judgments go uncollected.

 

[latigo]

. . . the reality is . . . .

Here is a bit of reality:

Before you start pontificating about "the law" and mislead the users with your unschooled guesswork perhaps you should try reading some of it.

Here, Ohio Revised Code Section 2307.382!!!!

 

[Just Blue]

Hi, I'd like to know if I have a chance of winning a case against my ex-boyfriend. He owes me $6,000. We broke up almost two years ago but were together for 5 1/2 years since I was 16. I live here in Ohio but he moved to California.

During this one year he needed help badly when he was kicked out of his apartment and had no where to go. I was naive and stupid when I was young and gave him my life savings of $2,500 to help him with a new place to stay, groceries, and I even paid for some of his car bills. He promised to pay me back and I believed in him.

He still couldn't find a good job enough to keep up with his bills AND pay me. I remember my mom loaning him $500 to buy a camera and start his passion in the photography business. He did buy the camera but never seriously pursued a business in it but he truly loved photography....Anyways he ended up moving to be with his parents in California and then ended up joining the Army. He promised he'd pay with his bonus but then bought a car to get to work. When he came back he begged me to get him this $600 HTC smart phone so we can keep in touch and that he'd pay with his airborne school money from the Army. Nothing...anyways we ended up breaking up due to the distance but he promised to pay me back.

During the first several months we broke up, I realized that $10-$20 was being deduced from my bank account each money. I didn't realize this 7 months into it. It racked up to me about $200 some dollars. I traced it and it turned out to be from his hometown (it had to be him!) and the xbox online bills. He claimed he thought his brother was paying for the bills and didn't know my card was entered in. Whatever. We were on decent terms and still speaking so he gave me SOME money....that is until he met a girlfriend and got married pretty quickly.

Payment stopped since he wasn't allowed to talk to me because of her jealousy. He PROMISED he'd pay when he got back from his deployment in Afghanistan...it's been a year and he's BACK now and is IGNORING ALL OF MY MESSAGES, TEXTS, Facebook messages, etc. NO WORD at all when I know for sure he's seen it.

Here's why I think I might have a chance to win and let me know if this works out in my favor legally
1. Recorded conversations
I hope Facebook can be used as proof. I have proof of all of our conversations AND arguments over the money owed. He admitted to OWING me amount of money owed, PROMISED me he'd pay me when he gets back from his first deployment, and ADMITTED that my account was being charged from his XBOX without my consent. Is this any help at all?
2. I have statements that show up to 5 months of being charged monthly of this XBOX transaction. I have older statements but I'd have to pay $6-$8 if I want to obtain them.

It sucks because here in Ohio small claims only goes up to $3,000. Honestly I just want some of the money back because I feel like I deserve it.

www.judgejudy.com

 

[Proserpina]

Here is a bit of reality:

Before you start pontificating about "the law" and mislead the users with your unschooled guesswork perhaps you should try reading some of it.

Here, Ohio Revised Code Section 2307.382!!!!

I think I should introduce you to signspinner.



I'm fairly sure there's at least one spot left for membership!

 

[chelle21689]

Do I have to read up on California's rules if I sue him because it's where the defendant resides? Makes me sick of him to not respond AT all or give me any reason.

 

[Ohiogal]

Do I have to read up on California's rules if I sue him because it's where the defendant resides? Makes me sick of him to not respond AT all or give me any reason.

CALIFORNIA DOES NOT APPEAR TO HAVE JURISDICTION BASED ON WHAT YOU STATED IN YOUR POSTS. So why would you have to read California's rules?

 

[chelle21689]

I read that you need to be in the state of the defendant. What steps do you suggest I take in? I've never done anything like this before and I'm getting mixed answers.

 

[Zigner]

I read that you need to be in the state of the defendant. What steps do you suggest I take in? I've never done anything like this before and I'm getting mixed answers.

Did a little deeper and you will discover that, since the matter at hand occurred in your state, your state is the proper place to file.


But, perhaps it's a better idea to simply consider this a lesson learned and move on.

 

[chelle21689]

I also want to add that his promises took place different times in my state his state but evidence of promise is on the Internet. Also the charges made on my card didn't really take place in Ohio