Legal Question in Civil Litigation in Illinois

Collecting money lent to a former boyfriend.

Based upon what your submission states, you have a good case for a lawsuit to be repaid the money you lent. Under the cause of action for �money had and received,� the law presumes that money given to someone should be paid back. The defendant who claims that the money doesn�t need to be paid back has to prove in court why that should be so (e.g., a gift, payment of a bill, etc.). In your case, once you have established that you paid for his truck (you cancelled check is an excellent piece of evidence), the burden would shift to him to explain why it shouldn�t be repaid to you. If he claims the truck was a gift, he�ll have to prove that.

You might also have a good claim for the �stuff he borrowed.�

Because the amount of money you seek is well over the small-claims limit in Illinois ($5,000) you�ll need to file and prosecute a regular civil suit. Perhaps a lay person could do it, but an experienced lawyer is far better prepared to handle such a case. Seek out an attorney in your area.

Re: how can i collect money owed to me?

Your options regarding how to collect the money really depends on whether he signed a contract or agreement to you stating he would pay the money to you for the truck.

Very truly yours,

Thaddeus J. Hunt, Esq.