Legal Question in Civil Litigation in Massachusetts

money borrowed-breech of contract

My ex boyfriend took a cash advance

from my credit card with the intent

of paying it back. I has this contract in writing. It has been over a year and still owes me $6900.00. He took $10,000.

It cant be considered fraud since

it is over a year and the limitations have run out?? Small

claims court in MA only goes up to $2000.00. To pay a lawyer would be too expensive for me and what if I lost. Is there anyway to get him to pay. He keeps avoiding my calls.


Asked on 2/08/01, 6:55 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: money borrowed-breech of contract

You might have been able to go into criminal court

and make application for a complaint for larceny,

BUT BUT BUT because he paid you back $3100, his

intent was not to permanently deprive you of the

money, so his failure to pay does not fall into the criminal category.

Fortunately, though, you have a contract in writing. The

"time limit" for a contract is SIX years

not one year. That means you can bring a

Complaint for BREACH OF CONTRACT in your local

DISTRICT COURT. That court is used by people

seeking an amount of money which more than small

claims court will give and

less than Superior Court requires, that is between

$2000 and $25,000.

By all means, go to a local lawyer. He or she

will take your case on a "contingency" payment plan.

That means if he/she collects some money, you will pay

a third to the lawyer. It's better than getting nothing.

The lawyer might also find something else to sue him for,

so you might come out ahead if not break even.

Good luck.

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Answered on 3/21/01, 10:43 am


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