Legal Question in Credit and Debt Law in California

owed debt from ex-boyfriend?

Hi, I loaned a man that I was dating

$2995.00 that he promised in writing to

pay me back by Oct. 2006. We talked on

Oct 30 and he said that we should have

a drink on Halloween to discuss

things....he would call me on halloween

the next day...he never called so I called

him a couple of times and left a

message or two...he finally called me

around 8pm on Halloween yelling at me

for calling so much and that no he did

not have the money and needs another

6months to a year to pay me back...that

I was lucky he was even talking to me

about getting the money back because

the time he spent with me was of value

and I should feel grateful because I am

so unattractive and grossly

overweight...neither or which are true

but even if they were he still owes me

the money....so I wrote him a letter of

demand that I get the money or part of

it by NOV 11, 2006 or I take him to

small claims court...I have copy of the

letter and I have the original signed

agreement of payment so my question

is what are my chances of actually

winning in small claims court and what

exactly do I need to do to actually get a

court date and written notice sent to

him? Thank you for your time...

[email protected]


Asked on 11/03/06, 11:52 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: owed debt from ex-boyfriend?

You will have a solid case if you show the judge the written agreement and testify that there were no payments. First you have to have a sheriff's deputy or process server serve him with the small claims complaint. Then, after you obtain a judgment, you will have to collect. You can levy against his wages and/or bank account. If he has none of those and no real estate, collecting could be problematic.

As for how to file a small claims action, you can go to your local court and get the forms. Many courts have clinics to show you how to fill out the forms and to present your evidence. He sounds like a winner! Good luck.

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Answered on 11/04/06, 12:43 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: owed debt from ex-boyfriend?

The defendant at issue is in breach of contract, from the facts given. Thus, you can and should prevail in court on this legal theory, and you would simply need to bring proof of the existence of the loaned out money. You may want to STRONGLY consider retaining an attorney to help ensure that you file and serve process correctly on the defendant, and that your legal points and authorities in support of your facts are correct, For prompt, affordable assistance in this timely manner, contact us directly for a free phone consultation.

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Answered on 11/05/06, 10:57 pm


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