Legal Question in Credit and Debt Law in Georgia

how do I collect from an ex boyfriend for several previous loans

I loaned over $1,100 to my boyfriend over a period of 9 months while we were dating. We recently broke things off and are not speaking. He has told me on several occassions he would mail me a check, but I have yet to see any money. How can I go about getting this back. I feel he is holding this over me to further manipulate and control me. I would let it drop and count my blessings, but I'm in med school living of student loans and really need the money. I have two cancelled checks and a credit card statement documenting what was loaned to him. Is this enough to file in small claims court? I'm a S.C. resident. His residency is in G.A, but he goes to school in SC. Where would I file?

Thanks for your help!


Asked on 4/08/03, 10:18 pm

2 Answers from Attorneys

Phillip A. Strickland Law Offices

Re: how do I collect from an ex boyfriend for several previous loans

If he is a �resident�of Georgia, as that term is used for purposes of jurisdiction & venue, then you would generally need to bring an action against him in the county were he �resides�--Gwinnett, Fulton, etc. The jurisdiction limit for magistrate court (small claims court) is $15,000.00, so your well within that. Gwinnett County has a decent web site that has useful information regarding the steps you need to take to file and serve him. Checks are contracts or evidence of a oral contract; but the terms, e.g., when was he to pay the loan back and so forth, of the contact are typically not enumerated on its face. Also, be prepared for his argument that this money was merely a gift by you to him and that you are only a jilted lover out to get even for being dumped--one of the many problems associated with not have a written contract. The next time you lend anyone money--certainly if your income is limited--put the agreement down on paper. I wish you the best of luck.

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Answered on 4/09/03, 7:41 pm
Otto Ferrene, jr. Ferrene & Associates, PA

Re: how do I collect from an ex boyfriend for several previous loans

Go to small claims court in county where the debtor lives and file there. Pay court for the cost of filing and service by the local Sheriff's Department. The Magistrate's Office will provide you with the forms and give some guidance of how to fill them out.

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Answered on 4/09/03, 7:38 am


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