Re: CIVIL SUIT AGAINST EX-BOYFRIEND

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On 1/11/06, NICOLE wrote:
> On 1/11/06, M'sta Mikey wrote:
>> On 1/11/06, NICOLE wrote:
>>> I would like to know if I can still sue my ex for money I
>>> lent him back in 1999. If I can still sue him, how do I
>>> go about filing a claim. I reside in NJ. All suggestions
>>> are welcome.
>>>
>>>
>>> Thanks
>>
>> Depending on the amount of money, you may be able to take
>> this to small claims court. But a few questions:
>>
>> Do you have a signed contract/Promissory note? If not, then
>> it's your word against his and you have an uphill battle -
>> the burden of proof is on you to show it was a loan as
>> opposed to a gift, or that the money was even lent.
>>
>> What did you wait so long?
>
>
> No I do not have a signed agreement. I thought I was in love
> and since he
> said he would pay me back I agreed to not have one.
> I should have been did this but I was "BLINDED BY LOVE". I now
> realize what
> a jerk he is. The amount is $597...is it worth taking it to
> court or
> should I take my losses.
Small claims looks like the way to go. You might want to check
the statute of limitations in your state and make sure you file
it in time. You will have to decide if it's worth it to you:
the filing fee is usually less than $100.00, call the local
court and ask what the filing fee is for a small claims case.
Then plan on missing at least half a day of work to go to
court. As M'sta Mikey said, you will have to prove you lent the
money, it will be your word against his. You might get lucky
and he'd admit you loaned it to him but don't count on it. Do
you have any witnesses to the loan or to him saying that you
loaned him money? Without anything in writing or some other
proof that you lent him money, your chances of winning are not
good at all. Take all of that into consideration then decide if
the $597 (don't know if your state allows you to collect
interest or not) is worth it. $597.00 is a lot of money to be
without for a lot of people. Good luck. Oh, yeah, live and
learn. "get it in writing" is my motto. And don't let love
blind you; keep your eyes open. Happens to the best of us.