trying to get back money

[peachfuz704]

Unfurtunately, I lent money to a boyfriend in the past (now ex). We had a verbal agreement for him to repay all that he owed and I kept receipts and logs of the money borrowed. I have never been able to collect any money from him, yet have a number of emails promising to do so (these are in writing, yet the original agreement is not). The amount is substantial and it has been several years since we split up. We both live in California. Any advice on how to get the money back? I would rather not pay that much for a lesson learned!

 

[JETX]

Your post says " it has been several years since we split up". How long has it been since the 'loans' were made or the last payment on them?? That will determine if the Statute of Limitations has expired, making your entire case DOA.

However, if the SOL hasn't expired, your next problem will be trying to prove to the preponderance (50% plus 1), that: (1) funds were transferred to him, and (2) that they were loans and a valid repayment agreement (either verbal or written) existed. If you can convince a court that these two issues were true, you should win.

However, 'he' will claim that they either never happened, or that they were 'gifts' (due to his incredible personality). If he can show either of these, or can undermine your claims, he will probably win.

I suggest that you (RIGHT NOW), print out all the emails INCLUDING FULL HEADERS. I have seen numerous cases where the evidence disappeared in a hard drive or computer crash. PRINT THEM OUT NOW!!! At least you will have them if needed.