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Old 09-25-2016, 05:27 PM
 
11,113 posts, read 19,523,205 times
Reputation: 10174

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Quote:
Originally Posted by Kimmy2424 View Post
I received a letter from a law firm of demand letter of debt owed to my ex fiancee of 3000.00
He was the one offering that money and just to show him how much I have a good faith to give it back I wrote him a check without a date cuz I wasn't sure when I'll be able to pay it back , I was hoping my new job is going to work out for me very well, it turns out to be the opposite, I lost my job ,all of sudden he said he s going overseas for few months, then I received a letter from the firm today,
I'm working right now with a min wage ,barely can pay my bills and he's asking me for 3000.00 within 30 days .knowing that he's got more than 3M dollars on his assets. But I guess the court will go with who pay more . Need help plz .


Negotiate with the ex boyfriend asap to send him a certain amount each week or month. Do NOT send the money to the attorney ! The attorney will most likely take a 3rd of the amount owed, and it will take you forever to pay off your ex. Answer the demand letter from the attorney, but don't talk money with him, and don't talk to the attorney over the phone. Don't panic, relax and you should be able to work it out. As for the undated check. You simply 'forgot' to date it.

The other paralegal who replied to you is correct; make a private agreement with him in writing, both of you sign it in front of 2 witnesses and notarized for proof. And, start making good on what you owe him. You could also offer him an amount less than $3,000, because it will cost him $$ to keep this up with an attorney. Already he has to pay the attorney for a consultation and that letter. Get rid of the attorney by settling directly with your ex.
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Old 09-25-2016, 05:31 PM
 
525 posts, read 659,659 times
Reputation: 1616
His assets mean nothing. You owe a debt. Just because he can absorb it is not your windfall.
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Old 09-25-2016, 05:40 PM
 
Location: Florida
6,623 posts, read 7,329,185 times
Reputation: 8176
Contact the court clerk for the court you are to go too. Ask the clerk if their is any free legal aid available. Also do a google search for free help in your county. There is probably help.

Assuming you can not get a lawyer be very very clear in court that the check was meet as an IOU and you did not put a date on the check because you did not think it was a VALID check if you did not complete the check AND that you both new the check was not be be cashed until you added the date as you did not have the funds in your account. Then offer to make payments on a schedule you can afford. Offer a very low amount as the court will probably want to increase the amount. Know what you are earning and where every penny goes. Write it down. You may need this in court and you will not be able to remember under pressure.

Be very calm and respectful of the court AND your X. Your cooperative attitude may help with the judge.

Another thought. Normally I would think the suite would be brought in small claims court without an attorney. It could be that the attorney is a friend of your x and maybe he only agreed to write a letter or maybe he is doing this for free.

You do have a problem if the check is considered legal and I do not think a missing date is a very good defense but about all you have that can be documented. The verbal understanding that the check is not to be cashed is a better defense. But an attorney giving you advice is best.

Good luck
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Old 09-25-2016, 06:01 PM
 
11,113 posts, read 19,523,205 times
Reputation: 10174
Quote:
Originally Posted by rjm1cc View Post
Contact the court clerk for the court you are to go too. Ask the clerk if their is any free legal aid available. Also do a google search for free help in your county. There is probably help.

Assuming you can not get a lawyer be very very clear in court that the check was meet as an IOU and you did not put a date on the check because you did not think it was a VALID check if you did not complete the check AND that you both new the check was not be be cashed until you added the date as you did not have the funds in your account. Then offer to make payments on a schedule you can afford. Offer a very low amount as the court will probably want to increase the amount. Know what you are earning and where every penny goes. Write it down. You may need this in court and you will not be able to remember under pressure.

Be very calm and respectful of the court AND your X. Your cooperative attitude may help with the judge.

Another thought. Normally I would think the suite would be brought in small claims court without an attorney. It could be that the attorney is a friend of your x and maybe he only agreed to write a letter or maybe he is doing this for free.

You do have a problem if the check is considered legal and I do not think a missing date is a very good defense but about all you have that can be documented. The verbal understanding that the check is not to be cashed is a better defense. But an attorney giving you advice is best.

Good luck


Disagree strongly. There is NO lawsuit from what she said, simply a demand letter from his attorney. She should NOT get the court involved, no need to go to the clerk at all. That is only borrowing trouble.


She can answer the letter in writing, or call the attorney who wrote the letter, or have her ex b.f. tell the attorney they are working it out with their own agreement. You make it sound like she was served with a writ. According to the OP she merely received a letter and according to the date she first posted, she received the demand letter prior to 9/11. Two weeks have passed since then.
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