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Old 05-10-2013, 08:10 PM
 
27,957 posts, read 39,775,529 times
Reputation: 26197

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My ex owed me $7,000; she has paid down a couple thousand so far. Try contacting the ex to work a deal and make payments. A token effort is better than nothing. In my instance I reminded her I could easily take her to court. I drafted a promissory note and a loan amortization. The point is try communicating with your ex first. If that doesn’t work, take them to court and make sure interest is assessed and collected. If your note is solid and well worded you should have no problem winning a judgment.

Recovery of a judgment is sometimes a challenge. You can have assets or wages seized if they don’t want to pay once a judgment is awarded. It can become a pain in the ass. You can make them squirm to get your money.
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Old 05-10-2013, 08:11 PM
 
Location: Katonah, NY
21,192 posts, read 25,165,372 times
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I think you need to consult a lawyer. You are asking for advice but I think what you are really asking for is legal advice.
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Old 05-10-2013, 08:13 PM
 
290 posts, read 567,809 times
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Quote:
Originally Posted by Wmsn4Life View Post
How much did he borrow? And is the only proof a handwritten note, or do you have cancelled checks etc?
It was money he borrowed here and there and I didn't have any other proof except the note we both signed and there was one big check for $6000 that I could get a copy of. And a credit card bill for tires we bought for his truck for $2000.
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Old 05-10-2013, 08:16 PM
 
Location: Brentwood, Tennessee
49,927 posts, read 59,935,627 times
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Quote:
Originally Posted by Missganda View Post
It was money he borrowed here and there and I didn't have any other proof except the note we both signed and there was one big check for $6000 that I could get a copy of. And a credit card bill for tires we bought for his truck for $2000.
^^These things are good.

If you have receipts or cancelled checks for these items, you absolutely can take him to court to be repaid.

There is no "non-awkward" totally comfortable way to take someone to court, though.

Please don't loan any other BFs that much money.
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Old 05-10-2013, 08:16 PM
 
6,319 posts, read 7,242,007 times
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Ayyyyyy

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Old 05-10-2013, 08:17 PM
 
290 posts, read 567,809 times
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Quote:
Originally Posted by cindersslipper View Post
My advice was serious, it is highly unlikely you will retrieve any money.

The amount involved is too much for small claims court so it will cost you money to pursue this.

Try writing him a nice letter requesting repayment by x date, send it by registered mail or email so you have a record. If he fails to do so, get to a lawyer.

I'm afraid you will be learning a very expensive lesson on this one.
He said he would pay but he's just waiting for me to tell him how much he owes me. He's mom wouldn't let him ignore the money he owes me. I was close to his mom and so thankful that I helped her son walk the right path.
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Old 05-10-2013, 08:19 PM
 
27,957 posts, read 39,775,529 times
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Quote:
Originally Posted by Missganda View Post
It was money he borrowed here and there and I didn't have any other proof except the note we both signed and there was one big check for $6000 that I could get a copy of. And a credit card bill for tires we bought for his truck for $2000.
The giving him the money or allowing charges to the credit card are easy to substantiate. If there is a note agreeing to him repaying you, you are showing that the money is not gift and he is liable to repay.
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Old 05-10-2013, 08:23 PM
 
290 posts, read 567,809 times
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The note reads this way,

I, HIS NAME , sign the law abiding contract promising to pay back, MY NAME , within the next 12 months. If I do not pay back AMOUNT by the DATE, I understand that it may result in a law suit.

Sign. Date

Sign. Date
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Old 05-10-2013, 08:28 PM
 
6,319 posts, read 7,242,007 times
Reputation: 11987
Quote:
Originally Posted by Missganda View Post
He said he would pay but he's just waiting for me to tell him how much he owes me. He's mom wouldn't let him ignore the money he owes me. I was close to his mom and so thankful that I helped her son walk the right path.
So why are you posting on here?

Tell the man.
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Old 05-10-2013, 08:31 PM
 
6,732 posts, read 9,994,575 times
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Are you saying that the actual amount is more than 15k?

I would write him a nice but firm letter saying what you think the actual amount is, and that you will assume the amount you state is correct unless he replies otherwise. Keep a copy.

Then, a few days later, present a suggested payment plan to him, and ask him if he will agree. If so, get that in writing.

If at all possible, have the payments be made to you automatically. For example, if he has a job, have him ask his boss to make the payments directly from his paycheck. What would be really great would be if you, he, and the boss all sign an agreement that these payments will continue until all paid off. (Otherwise you will only get 2 or 3 payments before ex-bf has an emergency and stops them.)

As for court, it's hard to say what you would get. Maybe only the 8k. Maybe nothing. It will depend on whether he says he did not sign the paper, or that it was under duress, or whatever.

A third option is mediation. Your county may provide it as a free service. Actually, I would try that ASAP.
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