Legal Question in Civil Litigation in Massachusetts

Larceny/Embezzlement of Propery Suit

1. Girl meets boy. Girl sells her house and puts $70,000 on new home in joint venture with boy. Boy puts no money down but promises to pay back down payment if relationship goes south.

2. Relationship disintegrates (big surprise there). Boy offers girl $40,000 to break all ties (he wants to keep the new house naturally). Girl needs to get the hell out of Dodge, but boy won't fork over the cash until girl signs agreement.

3. Agreement describes division of household goods and certain bills mutually acquired that Boy thinks Girl should be accountable for.

4. Girl signs contract because she can't afford a lawyer and she desperately needs the 40K to get away from the prick and try to start over.

5. Girl takes 40K buys new home. Economy plummets. Bills accumulate. X-Boy harasses her for the balance of the agreement.

6. Greedy Boy attaches Girl's property and files suit claiming breach of contract.

Questions:

1. Can Girl reasonably defend with affirmative defense of duress?

2. Can Girl counter sue for the remaining $30,000 that boy did not pay her back?

3. Can Girl sue for larceny/fraud as it was Boy's intention to get the house and dump the Girl all along?


Asked on 2/15/09, 2:59 am

1 Answer from Attorneys
John Postl Attorney At Law

Re: Larceny/Embezzlement of Propery Suit

I agree girl needs to get a lawyer ASAP because girl could lose her house since boy got an attachment. Girl's claims of (a) duress in signing the agreement and (b) boy committed fraud are very hard things to prove. Girl states she signed agreement primarily becuase she wanted to get away from boy but girl needs to show more to establish duress claim. It will be girl's burden on the fraud claim to demonstate that the agreement was part of a fraudulent scheme and girl will need to provide enough facts to establish the fraudulent intent- it may be girl's word against boy's word. I would have to review the agreement to comment further.

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Answered on 2/15/09, 9:54 am


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