Legal Question in Credit and Debt Law in California

Re: Ex Won't Pay What He Said He Would!

First, is this person your ex-husband, or just an ex boyfriend? The answer to this question could be very different depending upon a few factors. First, if this is an ex-spouse, did your divorce decree specify who was to keep what and who was to pay what? If so, go back into family law court. If that was never included in a divorce decree, then you should consult with a family law attorney.

If, however, this is a former boyfriend, then the next question is did you have the agreement that he would pay for things in writing? If not, then you have a very hard case to resolve. Without some agreement in writing to the effect that he will keep the items and continue to repay the debt, he could just as easily claim that you "gave" him those items, and its your problem to repay the debt. My only suggestion to you is that you put in writing a demand for him to either repay the entire amount due, return the items or you will take him to small claims court. Since you indicate he is not afraid of court, this probably isn't going to work, and you will have to file a small claims court action if you want to get paid. There is, however, no guarantee that the small claims court judge will find in your favor. Sorry I can't give you better news. Good luck.

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