will i get my $

[scout100]

I live in PA. I had loaned a now x-boyfriend about 2500.00 on a credit card. He was very aware that this was a loan, and was more than willing to pay me back. He had even payed me 100.00 of the money and told me i could charge int., but he would not sign anything, because i knew him better that to cheat me. He is now very upset that i have moved in with my soon to be husband, and has recently has been not returning my calls to set up a time for him to give me money. All of his family knows that i loaned him this money but they said that is between him and I. Do i have any legal recourse against him?

[Edited by scout100 on 03-12-2001 at 03:18 PM]

 

[lljnapa]

I am not an attorney, but speaking from a "common sense" point of view.
No matter what your boyfriend told you at the time, you should *always* get the terms of any loan put into writing. One never knows what the future holds and there are no guarantees.
You could try suing him in Small Claims Court, but without any documentation, I can't say how good your chances are. Did you pay him in cash or by check? Do you have the ATM or bank withdrawl receipt?
If you can't afford to lose the money, you can't afford to lend it, in my opinion.
Good Luck!

 

[JETX]

Yes, you can sue him for breach of contract (the agreement to pay). However, you need to be aware that if he defends himself, it will probably be by claiming that it was NOT a loan, but was a gift.

Assuming that there wasn't a written agreement, you need to see if you have sufficient evidence to support your claim that a loan existed.

Some of the questions to answer are:
1) Did you have a specific repayment plan? This means set payments on a regular schedule. If not, you will have a harder time.
2) Do you have ANY documents that support your claim of loan? For example, you said he paid you $100. Was it by check or money order, or by cash. If by cash, it is not a big help.
3) Does he have any way to pay you IF you were to win?? If not, then you are spinning your wheels.

Finally, in lieu of any written documents, you can try to help yourself. Send him a letter, certified RRR. In it, detail the discussion of the 'loan', his charges to the credit card, his agreement to repay, his payment, etc. Ask for repayment of the loan and if not paid, you will be forced to consider further action. Close the letter with something like... "If you disagree with the above details of this loan, please advise in writing within 7 days of receipt of this letter." If he responds in affirmation of your agreement, you got him. If he fails to reply, the court can consider that also (upon your showing the court a copy of the letter and proof of delivery).