Legal Question in Civil Litigation in California
Boy did she do me dirty!!
When my ex-girlfriend left she emptied joint bank account leaving me with no $$ for rent or bills. After further research I also discovered that for the past 2 years she had been paying off her bills only leaving mine unpaid and now in collections. Throught the 2 yrs I made more $$ every year but never had an ATM card and never wrote a single check. She also traded in a 2000 Expedition that had both our names on it but in ''OR'' format. I had put down almost $8,000 cash wich was not from our bank account but from side labor I would do for extra money. What can I do?? To top it off I can't call her regarding any of this because she put a restraining order on me as soon as I attemted to discuss it. Please HELP any advice or suggestions will be appreciated.
3 Answers from Attorneys
Re: Boy did she do me dirty!!
You should sue her for fraud and conversion. Forget about the small claims court. Hire an attorney, go all the way and destroy her. Ruin her credit as she did to yours. She won't be able to discharge this in bankruptcy since the allegation of fraud and other intentional torts.
Sorry for the tone of this message, I just got very PO-ed.
Re: Boy did she do me dirty!!
it seems as if you have nothing to lose -- sue her in small claims court (limited recovery) or get an attorney who will file a civil suit on a contingency basis (taking a percentage of the recovery)
Re: Boy did she do me dirty!!
You can sue her. You can claim she breached her duties as a constructive trustee. You can also bring a partition action under a joint venture or partnership theory and get an order requring her to pay 1/2 of the bills she was supposed to pay, and requring her to return 1/2 of the property that you acquired jointly or requring her to return the property that was paid for with your money.