Legal Question in Credit and Debt Law in California
Flake boyfriend ran off with $4300.
Up until six months ago I was engaged to be married. During my engagement, my fiance's truck engine siezed. This was in late June or early Aug of last year.
We had no money at the time in our joint account for a new engine. But I knew I'd be getting a settlement on Sept 1st.
On Sept 1st, my $25k was directly deposited into our joint account. Shortly thereafter we started writing checks for his engine.
The verbal agreement between us was that he would soon be selling his truck, pay me back into my savings, and use the balance to put down on a newer and nicer car.
He kept putting me off, but because we were engaged I figured he wasn't getting away with anything. We then started having relationship problems, he infuriated me and I moved out.
After that, I tried to get him to sign something that acknowledged he owed me $4300. He called me names, became violent, swore he didn't owe me a penny and dismissed me entirely.
Do I have a case?
2 Answers from Attorneys
Re: Flake boyfriend ran off with $4300.
In a word, Yes! Based upon the oral agreement you certainly do. It is fortunately one that should be brought in Small Claims Court. No lawyers, just go into the Clerk's office and get a Small Claims Declaration, fill it out and take it to the Marshal's office, probably just across the hall, and have him served. The trial date will be within 30 days, or so, and you will tell your story, bring any witnesses or documents you have that bear on the matter, and he will tell his. If he shows up at all. You should come up the winner and get a judgment which will be stayed for thirty days, to give him a chance to appeal and then is enforceable as any judgment is enforceable. You can get a writ of execution and have the Sherrif take possession of his bank account or truck, or anything else of value you can direct him to. I do recall you said he "lost his temper." Just be careful. I'd suggest you have other people around during these proceedings. Good luck.
Re: Flake boyfriend ran off with $4300.
from the facts given, you do appear to have a fairly strong case against your ex based on breach of (oral) contract or for unjust enrichment in the alternative. however, you definitely want to show evidence tracing the monies back to your separate property settlement since you commingled these funds into a joint bank account. this could be the tricky area, and you may want to consult with an attorney to make sure your complaint, summons and arguments are argued and presented the most advantageous way in proving your case before and during your court appearance. your case would be a small claims court matter based on the $4300 at issue, however, it cannot hurt to have an attorney help you throughout some or most of this process so you are assured greater efficiency and effectiveness in getting your money back.
if you would like a free phone consultation regarding your rights and options here, email us directly with your contact info. today.
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