Legal Question in Civil Litigation in New York

Ex-Boyfriend Stole Money

I was with my previous boyfriend for 5 years before I realized he was stealing money from me. He was actually my NLP therapist prior to our relationship.

Since I trusted him so much, I first loaned him $10,000 (I took the loan out myself from my bank). At one point in time he was also authorized on my credit card which he used more than I thought he would. Only after I realized he was stealing money from my ATM card when I was bed ridden with an illness did I cancel his authorization on my card and shortly after kicked him out of my house.

I wanted him out of my house for a while and he wouldn't leave, so I threatened that I would get legal help if he didn't, and forced him to sign an agreement with me that he would pay back the money he stole from me. The agreement is only $350 per month which he is paying but it really is not even close to enough, and I am in a financial hole/crisis because of him. I need to know what my legal options are, and I am really scared. It took so long to get him out of my house, and thats all I cared about at the time, and slowly with the help of a psychotherapist have I gotten my life back on track. Now I am wondering what legal options I have to get back the money he stole from me.


Asked on 9/18/07, 6:11 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Ex-Boyfriend Stole Money

You are facing a very difficult situation. Particularly where you added his name to the credit card, and borrowed from a bank, you will have a difficult time proving he stole such monies unless you had him acknowledge the loans in writing.

I would suggest you determine if you can separate the debts into those with written proof sufficient to satisfy the statute of frauds, and where you have it, commence actions to recover the money in either District or Civil Court, as they have limited monetary jurisdiction of the Civil Court (25,000) within NY City and the District Court, (15,000).

You might wish to consult a bankruptcy attorney.

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Answered on 9/18/07, 6:36 pm


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