• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Trying to collect $8K from ex boyfriend

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

vanessa333

Junior Member
What is the name of your state (only U.S. law)? Illinois

My ex boyfriend owes me $8,000. We both live in Illinois, I live in Dupage county, he lives in Cook county. I don’t know how to collect on this debt -

Between 2004 and 2007 I borrowed him $9,500 total. We broke up in 2007. He paid me $350 total in 2008. At the beginning of 2009 he signed a document which states that he owes me $9,150, and it is not a gift but personal loan which must be paid back in full. We signed the agreement in front of a public notary, I still have a copy. We also unofficially agreed that he will pay me $200 per month, or more if he gets a better paying job (at the time he just came out of jail where he served 6 months for DUI and driving with a fake license).

In 2009 he made 6 payments of $200 each, as of today he owes me $8K.

Right now he hasn’t paid me for the past 2 months, I called him numerous times and he didn’t pick up, finally today he told me that he will start paying me again “as soon as he gets a job”. He is 36 years old and lives with his 70yr old parents. He doesn’t own a house, I don’t think he has any bank accounts or savings (he sends me money via Western Union) and he doesn’t have steady or official employment. I know once in a while he gets construction side jobs which are off the books, paid in cash or via personal check from the home owner. He owns expensive designer clothes, and maybe a car, I’m not sure. I don’t think he files taxes.

I’m sick of having to wait and BEG for my money, meanwhile there are months where he flat out doesn’t work, he just spent the last 2 months at a kayaking training camp in Colorado (which is why he didn’t pay me for 2 months), he goes to the gym, dates girlfriends, and goes out to bars and clubs, I know this from mutual friends. He has over 15 years of experience in construction and if he wanted to work, he could make at least $100 per day.

I’m considering filing in Small Claims Court, or hiring an attorney, maybe this will scare him into paying up, but when I win the case, how do I actually collect on the $8K, since he doesn’t have an official job, and doesn’t own anything? I’m worried that after I win the lawsuit nothing will change, meaning he won't be legally forced to pay me, but instead, out of anger he will stop paying me even the $200 that he (sometimes) pays.

Also, I’m still holding 2 personal checks from Wells Fargo that he gave me, $1800 dated Oct 2006, and $600 dated March 2007. I didn’t cash them right away because each time he told me he’ll put the money in his account “tomorrow”, then something came up and the account was empty so I didn’t cash the empty checks. I think these accounts are closed by now. Someone once told me that I should’ve attempted to cash the checks to further build my case against him (that he’s issuing rubber checks) but I think right now I can’t even attempt to deposit these checks because they are too old.

Please offer advice on how to handle this situation, I don’t want to deal with this loser any more, thank you.
 


jsmith416

Member
If you win he will be legally obligated to pay you but that doesn't mean he will actually end up paying if he truly has no income and no assets. You can force him under oath to disclose everything (he might have an account you don't know about which you can garnish) but you can't get blood from a stone.

He doesn't sound like he is interested in ever paying you back.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Illinois

My ex boyfriend owes me $8,000. We both live in Illinois, I live in Dupage county, he lives in Cook county. I don’t know how to collect on this debt -

Between 2004 and 2007 I borrowed him $9,500 total. We broke up in 2007. He paid me $350 total in 2008. At the beginning of 2009 he signed a document which states that he owes me $9,150, and it is not a gift but personal loan which must be paid back in full. We signed the agreement in front of a public notary, I still have a copy. We also unofficially agreed that he will pay me $200 per month, or more if he gets a better paying job (at the time he just came out of jail where he served 6 months for DUI and driving with a fake license).

In 2009 he made 6 payments of $200 each, as of today he owes me $8K.

Right now he hasn’t paid me for the past 2 months, I called him numerous times and he didn’t pick up, finally today he told me that he will start paying me again “as soon as he gets a job”. He is 36 years old and lives with his 70yr old parents. He doesn’t own a house, I don’t think he has any bank accounts or savings (he sends me money via Western Union) and he doesn’t have steady or official employment. I know once in a while he gets construction side jobs which are off the books, paid in cash or via personal check from the home owner. He owns expensive designer clothes, and maybe a car, I’m not sure. I don’t think he files taxes.

I’m sick of having to wait and BEG for my money, meanwhile there are months where he flat out doesn’t work, he just spent the last 2 months at a kayaking training camp in Colorado (which is why he didn’t pay me for 2 months), he goes to the gym, dates girlfriends, and goes out to bars and clubs, I know this from mutual friends. He has over 15 years of experience in construction and if he wanted to work, he could make at least $100 per day.

I’m considering filing in Small Claims Court, or hiring an attorney, maybe this will scare him into paying up, but when I win the case, how do I actually collect on the $8K, since he doesn’t have an official job, and doesn’t own anything? I’m worried that after I win the lawsuit nothing will change, meaning he won't be legally forced to pay me, but instead, out of anger he will stop paying me even the $200 that he (sometimes) pays.

Also, I’m still holding 2 personal checks from Wells Fargo that he gave me, $1800 dated Oct 2006, and $600 dated March 2007. I didn’t cash them right away because each time he told me he’ll put the money in his account “tomorrow”, then something came up and the account was empty so I didn’t cash the empty checks. I think these accounts are closed by now. Someone once told me that I should’ve attempted to cash the checks to further build my case against him (that he’s issuing rubber checks) but I think right now I can’t even attempt to deposit these checks because they are too old.

Please offer advice on how to handle this situation, I don’t want to deal with this loser any more, thank you.
Was it ever stipulated that he had to repay within a certain period of time?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top