Flake Boyfriend ran off with $4000

What is the name of your state? California

Hi. Up until six months ago I was engaged to be married. During my engagement, my fiance's truck engine siezed. It was his only mode of transportation. This was in late June or early August of last year.

We had no money at the time in our joint account for a new engine and the labor that it would cost to put it in. I knew, however, that I would be getting a portion of a structured settlement on September 1st. We dragged the truck to the shop, used my vehicle between us and waited until September.

On September 1st, my $25k was directly deposited into our joint account. Shortly thereafter, and once just before (in anticipation of the money), we started writing checks for his engine. Two $1k checks and one for the balance of $2300 (roughly).

The verbal agreement between us was that he would soon be selling his truck, pay me back into my savings, and use the balance to put down on a newer and nicer car.

He kept putting me off and putting me off, but because we were engaged, I figured he wasn't getting away with anything. We then started having relationship problems, he infuriated me and I moved out.

After that, I tried to get him to sign something that acknowledged he owed me $4300. He called me names, became violent, swore he didn't owe me a penny and dismissed me entirely.

I tried to get back on his good side to see if I could then get him to sign my document, but he became belligerant again before I got the chance. Now he will not recieve any calls from me and I'm out $4300.

Do I have a case? I have two reciepts and check carbon copies of the three payments made to the car repair place, I also have bank statements of our account proving that we had nothing, I got my check, and then we paid for his engine. I also have the letter that I was trying to have him sign.

What should I do from here?

Thanks in advance!
Gryn

gryndor said:

What is the name of your state? California

Hi. My name is Diana and up until six months ago I was engaged to be married. During my engagement, my fiance's truck engine siezed. It was his only mode of transportation. This was in late June or early August of last year.

We had no money at the time in our joint account for a new engine and the labor that it would cost to put it in. I knew, however, that I would be getting a portion of a structured settlement on September 1st. We dragged the truck to the shop, used my vehicle between us and waited until September.

On September 1st, my $25k was directly deposited into our joint account. Shortly thereafter, and once just before (in anticipation of the money), we started writing checks for his engine. Two $1k checks and one for the balance of $2300 (roughly).

The verbal agreement between us was that he would soon be selling his truck, pay me back into my savings, and use the balance to put down on a newer and nicer car.

He kept putting me off and putting me off, but because we were engaged, I figured he wasn't getting away with anything. We then started having relationship problems, he infuriated me and I moved out.

After that, I tried to get him to sign something that acknowledged he owed me $4300. He called me names, became violent, swore he didn't owe me a penny and dismissed me entirely.

I tried to get back on his good side to see if I could then get him to sign my document, but he became belligerant again before I got the chance. Now he will not recieve any calls from me and I'm out $4300.

Do I have a case? I have two reciepts and check carbon copies of the three payments made to the car repair place, I also have bank statements of our account proving that we had nothing, I got my check, and then we paid for his engine. I also have the letter that I was trying to have him sign.

What should I do from here?

Thanks in advance!
Diana

Click to expand...

**A: sue his ass big time.

Hi. My name is Diana and up until six months ago I was engaged to be married


A*- (group) HI DIANA!!!



During my engagement, my fiance's truck engine siezed. It was his only mode of transportation. This was in late June or early August of last year.

We had no money at the time in our joint account for a new engine and the labor that it would cost to put it in. I knew, however, that I would be getting a portion of a structured settlement on September 1st. We dragged the truck to the shop, used my vehicle between us and waited until September.

On September 1st, my $25k was directly deposited into our joint account. Shortly thereafter, and once just before (in anticipation of the money), we started writing checks for his engine. Two $1k checks and one for the balance of $2300 (roughly).

The verbal agreement between us was that he would soon be selling his truck, pay me back into my savings, and use the balance to put down on a newer and nicer car.

He kept putting me off and putting me off, but because we were engaged, I figured he wasn't getting away with anything. We then started having relationship problems, he infuriated me and I moved out.

After that, I tried to get him to sign something that acknowledged he owed me $4300. He called me names, became violent, swore he didn't owe me a penny and dismissed me entirely.

I tried to get back on his good side to see if I could then get him to sign my document, but he became belligerant again before I got the chance. Now he will not recieve any calls from me and I'm out $4300.

Do I have a case? I have two reciepts and check carbon copies of the three payments made to the car repair place, I also have bank statements of our account proving that we had nothing, I got my check, and then we paid for his engine. I also have the letter that I was trying to have him sign.

What should I do from here?

A*- Sue his ass. This is the first in a 12 step process. It's good that you admitted that you were about to be married. Now you have sobered up and realize that it is an addiction. It's good that you're getting out now. We're all here to help.

And now for the important question...Where are we going for coffee?

"What should I do from here?"
*** And the even more important question.......
Did you get any remaining funds (of the "$25k was directly deposited into our joint account.")?? If the funds are still in the joint account, withdraw the funds and open a new account NOW!!

Consider yourself lucky (??) if he didn't go down and withdraw ALL of the money in the joint account!!

Still Dealing w/ Flake Ex

What is the name of your state? California

Hi. I've written in before and my question was a pretty black and white case... "sue him" was the universal answer. Now several other things have happened and I need help.

Since my last post, I filed suit against him for $4373.30. He started to call and want to be my friend again... He said that it would be a good compromise to settle. He and I signed a settelment agreement that settled for appx. half the original amount. The agreement said that payment must be received by Augugt '04 or else.

While talking about the agreement and getting ready to sign it, we talked about payments, though there was no verbage in the actual agreement about payments. He said he wanted to pay about $150 per month and also give me his tax return. Later, as he's making his first payment he says, "I'll have to pay you $75 out of both of my paychecks," and still reaffirmed the $150 per month and tax-return-to-come statements.

When next we met, he cancelled the payment arrangement and said he would no longer make any payment to me because of a loophole in our agreement. I asked a legal aid to look at the agreement and he said there was no such loophole. I called the-guy-who-owes-me's bluff, and I said he had two choices. One to deny paying me anymore, or two, to accept new terms. The new terms included a couple hundred dollars up front as a good-faith payment and a set payment schedule.

Now he says that he will stay on with the original agreement, that he never broke it, and that he only offered payments to be "nice." He says I can't do anything until August and that there's no way I can prove that he said he wouldn't pay me anymore, thereby breaking our agreement. He asks me to show him exactly what line of the written agreement he broke.

In addition, he has made no further arrangement to make another payment, saying only that he will when he "has money." I sincerely doubt that he will make any effort until the deadline rolls around. This was not my intention at all. I gave him all this time so that he would make regular payments to me like we discussed. I don't know if I have to wait... or if I can file tomorrow...

And furthermore, he left a message saying he found a bunch of my childhood pictures and such and "disposed of them properly," with absolutely no warning! Somebody told me I can try for punative damages for all of this. What of my one-of-a-kind pictures? (I have his voice on tape telling me this, too)

So I guess my main question is: Do the oral agreements modify the written one? If he said "I'll make two payments to you a month, equalling $150," is he bound to it as well as the written agreement?

Also there are the issues of the punative damages and my personal sentimental things that he destroyed that I would love some clarification on.

Please help, Thank you!
Gryndor

P.S. To the administrator: Sorry about the location of the original post, I see now why you wanted the background on the whole story.
gryn

So what was the result of the suit?

Flake Ex and my settlement agreement said that if he agreed to pay X amount of dollars that I would cancel the impending court date. I did and he's not held up his end. My way-too-busy legal friend said that he intentionally misrepresented his intentions and got out of the court date my manipulating me... for this he suggested punative damages...

Jeez... I write very disjointedly....

Gryn

gryndor said:

Flake Ex and my settlement agreement said that if he agreed to pay X amount of dollars that I would cancel the impending court date. I did and he's not held up his end. My way-too-busy legal friend said that he intentionally misrepresented his intentions and got out of the court date my manipulating me... for this he suggested punative damages...

Jeez... I write very disjointedly....

Gryn

Click to expand...

**A: hire an attorney and do not use legal friends who may or may not be attorneys..

Actually, my legal friend is a small claims advisor, who has just become a sort-of friend in these last few days... I doubt he's talking out his a$$ and I cannot afford to hire an attorney...

Gryn

Lets see if I have this correctly.....

1) You made a verbal 'loan' of $4300 to your (now ex-) boyfriend and he failed to pay you.
2) You came to this site and in your words "sue him" was the universal answer. So, you took OUR advice and filed a lawsuit.
3) You then allowed this sleazy, slimy boyfriend back 'into your life' and let him con you into settling the $4300 claim in half, again with verbal payment promises in return for your dropping the lawsuit.
4) Now you are back here again, with the exact same problem........

Guess what..... the EXACT same answer still applies. Go down to the local courthouse and file your lawsuit against him for the FULL $4300. If he shows up in court and challenges the amount, tell the court that the 'offering' was waived when he breached it. This time do NOT fall for his crap..... grow up and haul his ass into court and do NOT let him off the hook this time when he comes a-crying.

JETX, where do these people come from?

"Actually, my legal friend is a small claims advisor, who has just become a sort-of friend in these last few days..."
*** Well, your 'sort of friends' advice is overpriced at free.

"I doubt he's talking out his a$$ and I cannot afford to hire an attorney..."
*** Guess what, he is full of more crap than a spring turkey. Read the information provided in THIS thread and sue the ba$tard.

Ok, So I'm filing against this ***hole again. I know that I'm ready with all the evidence to support my case.

Question: Ex and I had a WRITTEN agreement for X amount of dollars to be paid by Aug, '04 with no mention of payments. However, we modified the written agreement with VERBAL payment agreements. Is he still held to the verbal?

He broke the VERBAL agreement, and will tell the Judge that I am full of crap, that he "was only making payments to be nice." Is my word against his that he told me to screw off sufficient to qualify as voiding our agreement, thereby allowing me to sue for the full original amount??

Sorry to beat a dead horse, just needed clarification.

Thanks
Gryn

"Ex and I had a WRITTEN agreement for X amount of dollars to be paid by Aug, '04 with no mention of payments. However, we modified the written agreement with VERBAL payment agreements. Is he still held to the verbal?"
*** He can be held liable for ANYTHING that you can convince a court..... and prove on his defense (if any).

"He broke the VERBAL agreement, and will tell the Judge that I am full of crap, that he "was only making payments to be nice." Is my word against his that he told me to screw off sufficient to qualify as voiding our agreement, thereby allowing me to sue for the full original amount??"
*** Since no one knows the FULL facts or what each party may claim, we can't 'foretell' what might happen. Suffice to say, the WORST that can happen to you is that you lose the case (and the fees and some time). The best that can happen is a judgment against him for $4500. People have taken far more risk for far less. Go for it.