Do I have a case?

[nikrod2014]

What is the name of your state (only U.S. law)? Arizona

Hi. 3 years ago a former girlfriend and I signed a contract that laid out monies she owed me over the course of our relationship. The contract broke down half of cell phone bill she had agreed to pay and never did, a personal cash loan as well as a credit card debt she agreed to pay, with interest due to having had financial issues and using my credit card to get her out of trouble. I know it was stupid of me NOW to have lent her any money at the time, but I did it and for 3 years she has refused to pay me. Actually, the agreement was that she repay me the debt owed in monthly installments of $102. That never happened. The first year whenever I asked her for it, she would just say she didn't have the money yet and was in financial trouble, so I kept giving her more time. About a year ago is the last time I actually asked her for the monies and she at the time asked me if I would take $2000 and call it cleared. I wasn't opposed to it at the time, thinking I would never see any more, and told her to meet me and discuss it. She never did. By the way, without interest what she owed me was just under $9000, but with interest as stated in our contract, it is now almost $12000.00 that she owes me. I texted her last week and told her I needed to know when she could repay me the entire loan and she replied asking that I email her instead. I did and basically demanded the fill amount of money from her or that she repay me at least the last 36 months of payments totaling $3672 ASAP and agree to signing a new contract. She replied saying she cannot believe I am asking her again for the money and that she was my girlfriend so doesn't owe it. I reminded her that she agreed in a written contract that she would pay me back and she said she only did it to get me off her back. Do I have a case? I want to take her to small claims court, but when I look at self service forms in my state, it says over $10000 would be civil court. Is that correct? She seems to think that I don't have a case and has even mocked me that I would be wasting my money. SAid to get an attorney (which I can't afford) to contact her and she will get an attorney. I told her why not repay me the money she would pay an attorney. Please help. TIA.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Arizona

Hi. 3 years ago a former girlfriend and I signed a contract that laid out monies she owed me over the course of our relationship. The contract broke down half of cell phone bill she had agreed to pay and never did, a personal cash loan as well as a credit card debt she agreed to pay, with interest due to having had financial issues and using my credit card to get her out of trouble. I know it was stupid of me NOW to have lent her any money at the time, but I did it and for 3 years she has refused to pay me. Actually, the agreement was that she repay me the debt owed in monthly installments of $102. That never happened. The first year whenever I asked her for it, she would just say she didn't have the money yet and was in financial trouble, so I kept giving her more time. About a year ago is the last time I actually asked her for the monies and she at the time asked me if I would take $2000 and call it cleared. I wasn't opposed to it at the time, thinking I would never see any more, and told her to meet me and discuss it. She never did. By the way, without interest what she owed me was just under $9000, but with interest as stated in our contract, it is now almost $12000.00 that she owes me. I texted her last week and told her I needed to know when she could repay me the entire loan and she replied asking that I email her instead. I did and basically demanded the fill amount of money from her or that she repay me at least the last 36 months of payments totaling $3672 ASAP and agree to signing a new contract. She replied saying she cannot believe I am asking her again for the money and that she was my girlfriend so doesn't owe it. I reminded her that she agreed in a written contract that she would pay me back and she said she only did it to get me off her back. Do I have a case? I want to take her to small claims court, but when I look at self service forms in my state, it says over $10000 would be civil court. Is that correct? She seems to think that I don't have a case and has even mocked me that I would be wasting my money. SAid to get an attorney (which I can't afford) to contact her and she will get an attorney. I told her why not repay me the money she would pay an attorney. Please help. TIA.

Sue her for the amount without interest in small claims court.

 

[nikrod2014]

Sue her for the amount without interest in small claims court.

okay. Is it because if I win the judge won't give me the interest? Just wondering. I have one more question. I was told that the statute of limitations on a written contract in the state of Arizona was 6 years. Is that correct? At this point and time I think I will just do what you've suggested. Thank you!

 

[nikrod2014]

small claims court max is $3500

Sue her for the amount without interest in small claims court.

Hi again. I just pulled up small claims forms in our state and the instructions state I cannot sue for the amount of the principle she owes in small claims court due to amount being more than $3500.

 

[FamilyGirl]

I think the reason ohiogal made the suggestion she did is because when you originally loaned her these monies, she did not agree to repayment with interest at the time you gave her the money. You than sat down years later and wrote an agreement, adding interest to the money you expect her to repay, and wrapping it up into a new loan. If I'm wrong, OG will correct me. If she didn't agree to interest back then, why would you feel entitled to it?

Breach of Contract, Written (executed within Arizona) - 6 years Section - 12-548 * Agreement must be executed in AZ

It appears you may have to file in Superior Court for over $3,500

http://www.mohavecourts.com/Justice/JCSS_CivilSuits.html

* their site is temporarily under construction

You can certainly get a judgment against her, that's great. If she has no money to pay you now, the old adage applies: "you can't get blood out of a stone". Just because you win doesn't mean she will be ordered to write a check that day or go to jail. There's still a process.

 

[quincy]

What county are you in, nikrod?

In Pinal County, for example, small claims go up to $3500. For amounts over $3500 but between $3500-$10,000, you would file in Justice Court. Amounts over $10,000 would be filed in Superior Court.

The statute of limitations for written contracts in Arizona is 6 years.

I agree with FamilyGirl that getting a judgment might be the easy part. Collecting on the judgment will be up to you and could prove difficult.

 

[nikrod2014]

I think the reason ohiogal made the suggestion she did is because when you originally loaned her these monies, she did not agree to repayment with interest at the time you gave her the money. You than sat down years later and wrote an agreement, adding interest to the money you expect her to repay, and wrapping it up into a new loan. If I'm wrong, OG will correct me. If she didn't agree to interest back then, why would you feel entitled to it?

thank you! Part of the money she owed and is detailed in our contract is money she used on a credit card with a stated interest rate to be paid as well, hence my wondering about interest. I will check out the website and see what I have to do to file. I realize it will be very hard to collect on her, but she has become so arrogant saying that she doesn't owe me because we had dated previously and that's just the rules about "dating". ???

 

[nikrod2014]

What county are you in, nikrod?

In Pinal County, for example, small claims go up to $3500. For amounts over $3500 but between $3500-$10,000, you would file in Justice Court. Amounts over $10,000 would be filed in Superior Court.

The statute of limitations for written contracts in Arizona is 6 years.

I agree with FamilyGirl that getting a judgment might be the easy part. Collecting on the judgment will be up to you and could prove difficult.

I'm in Pima County. Thanks for the advice. I'm filling out paperwork online now to file in Justice Court. I appreciate it.

 

[quincy]

I'm in Pima County. Thanks for the advice. I'm filling out paperwork online now to file in Justice Court. I appreciate it.

Good luck. Filing a civil action can be easy and, when you have a written contract detailing a loan and evidence of the contract's breach, winning a civil action can be fairly easy, but collecting on a judgment is not so easy. Good luck.

 

[nikrod2014]

Good luck. Filing a civil action can be easy and, when you have a written contract detailing a loan and evidence of the contract's breach, winning a civil action can be fairly easy, but collecting on a judgment is not so easy. Good luck.

Yes, that's what I hear from everyone. I really do appreciate everyone's advice. Thank you!

 

[quincy]

Yes, that's what I hear from everyone. I really do appreciate everyone's advice. Thank you!

We all appreciate thanks, nikrod, so thank you for thanking us.

And, again, good luck.