Loaned money to ex girlfriend

[floornurse]

I am located in Florida and I used rocket lawyer to generate a contract for a loan of $9,500. To aid her in her graduate college degree. The contract Included the repayment schedule, interest rates, final payment deadline, and many other details. We both signed the document on through the rocket lawyer website however, she ultimately requested and needed an additional $8,000 in excess of the original loan. I agreed to loan her the excess funds and sent her the 3 separate installments of funds by Zelle through my chase bank and labeled the transactions as “loan installment” on each payment. She is refusing to pay back the money i loaned her. Will the excess $8,000 be able to be an assumed increase of loan to the original contracted loan? What are the chances I am able to recoup the original $9,500, what about the total $17,500 . If i were to take legal action in a court. What can I do.

 

[adjusterjack]

What can I do.

Probably kiss the money goodbye.

There is probably no question that you have an enforceable contract, even the oral part. But that doesn't mean that you'll ever see the money.

Florida small claims limit is $8000 so you either have to waive the rest or go to regular civil court which is much more complex. Easy for the amateur to make mistakes that gets the case dismissed. No, you don't have two claims, if that's what you started thinking.

If you manage to make it to judgment there is still the matter of collecting. Better hope her college degree paid off with a job she doesn't want to give up. You'll be able to garnish her pay but you will only be able to collect small amounts from each paycheck. You can also levy her bank account if you can find it.

Lesson for the future, never get financially involved with romantic partners. That goes for you too, girls.

 

[Just Blue]

Never, ever loan money you are not able to or willing to lose.
As the Bard wrote in Hamlet:
"Neither a borrower nor a lender be; For loan oft loses both itself and friend"

 

[adjusterjack]

Another famous bard wrote:

"Love goes out the door when money comes in the window." Groucho Marx

 

[Just Blue]

Very sage advice.

 

[floornurse]

I’m not expecting to see the money, i did it because i wanted to help them. We are both anesthesia providers making well over $8000 per month so she has the money and I am up for going to “regular civil court “ and would like to know what the steps are if that is the route i will be taking. And what to expect. It doesn't bother me throwing more money away at this to instill a concept of doing the right thing in this person. So @adjusterjack pretty much the only grounds for repayment will be based on the $9,500 that are in the legal document ? That is what i assumed but was unsure if the additional money was possible to be included as a verbal contract which I can only assume holds no value.

 

[adjusterjack]

o @adjusterjack pretty much the only grounds for repayment will be based on the $9,500 that are in the legal document ? That is what i assumed but was unsure if the additional money was possible to be included as a verbal contract which I can only assume holds no value.

Not so. An oral contract is just as enforceable as a written contract, just more difficult to prove. You apparently had some sort of communication with her about the additional money. Plus you have a presumption of credibility since you had already loaned her money previously. And there is a presumption of no credibility on her part since she refuses to pay the first loan for which you do have a contract.

If you want to use regular civil court there would be a learning curve but there's a lot of DIY information is available online.

Sometimes, just serving a lawsuit on somebody convinces them to behave, especially when they know they are wrong.