Legal Question in Civil Litigation in Illinois

I took out a student loan in my name for my ex fiance. We broke up before we got married and now I have been paying on a 12k loan. When I left we verbally agreed that we would split the loan. I have been paying on this loan since January and have yet to recieve any money from her. I have spoken with her about paying and she said at first she couldnt afford to give anything, but when I talked with her in March she said she would be able to start paying half of the monthly payment in April. All of the money that I borrowed went to paying for her last semester of school and her living expenses. Would I have a case against her if I took her to court?


Asked on 7/17/10, 11:48 am

1 Answer from Attorneys
Stephen Messutta

Can't say. Not enough facts. Possibly if the goal was that when you two got married then both of you would help pay off the loan, but that's probably not written down. And possibly if it was a gift in contemplation of marriage and she broke it off. But for $6K, telling her you would file a lawsuit in small claims because that's what you two agreed to, or having an attorney get all the salient facts and writing her a letter to get her in gear, or at least commit in writing to an arrnagement...may be worth it but you will spend some money getting there, and if attorneys are involved the money will disappear rapidly....into the attorney fee bills.

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Answered on 7/18/10, 5:17 pm


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