Legal Question in Credit and Debt Law in California
My ex-boyfriend now owes me over $30,000. I have written checks to him and given him cash when he would borrowed from me and with verbal agreement that he will pay me back, for over 4 years that's what he would do borrow money or would forcefully make me pay his bills and again a verbal agreement that he would pay me. We've been broken up for over a year now. When I asked him that he will need to pay me back he would tell me that I will never get anything back from him or he would say that he can just claim bankruptcy so he wont need to pay me back. Also i had found out that he used my credit card to pay for his insurance in the beginning of 2010 but it was too late when i found out about it. What can i do in this situation? All i have are the checks that wrote but the cash was mostly verbal agreement but i have emails from him confessing that he owes me money and I also have a witness that will testify against him. What can i do? Is there a case to this?
2 Answers from Attorneys
He is right that he can discharge all ofhis indebtedness from you, unless you can prove he took the money fraudulently. I have had a bankruptcy judge tell me that a borrower can promise to re-pay a loan on one day and then get the loan, and the following day say they are not going to re-pay the loan, and unless the lender can prove that the borrower had the intent to lie on the day the loan was taken out, the loan is still dischargeable.
The checks as well as the emails are likely solid evidence of loans and an obligation to repay.
The problem becomes two-fold: 1. Will he file bankruptcy, 2. Even if he does not file bankruptcy and you obtain a judgment will you be able to collect anything from him?
Does he work? Does he have assets? Is he likely to obtain any money/property in the future?
If the answer to the above questions are all no then the question becomes whether there is any value in spending money to obtain a worthless judgment.
Let me know if you would like to discuss this.
Caleb
email: [email protected]
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