Legal Question in Credit and Debt Law in Massachusetts
In the summer of 2008 I helped my girlfriend at the time buy a car. I took a loan for $8500 which she used as the down payment (she was upside down on her current loan). At the time it was financially the right thing for us. A few months later it turned out to be the wrong thing for me. I have sat on it for a while, given her time to get her life together. Recently I sent an email asking her to re-pay this debt. Im being ignored. If she continues to ignore me, or just flat out refuses to re-pay me, do I have any legal recourse?
Thank you in advance for the advice
2 Answers from Attorneys
You have the right to file a lawsuit against her. The small claims limit in Massachusetts is $2,000.00 so your options are to (i) file in the District Court Department, or (ii) file in the Small Claims Department and agree to limit your recovery to $2,000.00.
Unless you have a note from her or some other written evidence of her promise to repay you she can raise the Statute of Frauds as a defense to any collection action you file against her. Consider retaining an attorney to review this and advise you more specifically. Good Luck!
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