Legal Question in Credit and Debt Law in New Jersey

Re: getting an ex to re pay a loan

You need to take her to court to get the money back from her. It doesn't seem like you have much paperwork, so you might run into a lot of problems. Due to your relationship, she may have a good defense that this was a gift regardless of the word loan around.

Good luck.

Re: getting an ex to re pay a loan

The facts as you have presented them are very limited. However, this is a common case of one party saying the money is a gift, and the other saying it is a loan, and probably ZERO paperwork supporting either side (like a loan agreement, promissory note, etc.). That means that you can file suit, but a factfinder (judge or jury) will ultimately have to decide which person's testimony they believe. If you are still in communication with her, it might be a good idea to e-mail her some communication that identifies the debt, and gets her to admit in a return e-mail that it exists, and was a loan. How you do this is up to your own creativity, but the sooner the better--especially before you file suit.

In the future, when you loan money to people, have them execute a promissory note, and for extra safety, have it notarized. You can find sample promissory notes online. That way, you will NEVER AGAIN have this dispute in your life. Even if it is your children or siblings, the promissory note is the way to go.

NOTE: THIS COMMUNICATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, NOR IS ONE IMPLIED. IF YOU MISTAKENLY BELIEVE THAT ONE HAS BEEN CREATED, IT IS YOUR OBLIGATION TO IMMEDIATELY CONTACT THE LAW OFFICES OF DANIEL L. CEVALLOS AND NOTIFY THE FIRM THAT YOU BELIEVE SUCH A RELATIONSHIP EXISTS SO THAT THE SAME CAN BE DENIED. ONLY A WRITTEN AGREEMENT BETWEEN THE FIRM AND CLIENT WILL CREATE AN ATTORNEY CLIENT RELATIONSHIP.

Re: getting an ex to re pay a loan

You may want to consider having her give you a (2nd?) mortgage on her home. If you don't have security interest and obtain a judgment against her someone might suggest she discharge it in bankruptcy.

If you get a mortgage, make sure you record it.

Good luck to you, services available at a reasonable fee.