Legal Question in Credit and Debt Law in New Jersey
suing for money owed
I took a loan out for my boyfriend for debt consolidation, we were planning on marrying and he was in financial trouble. We have since broken up and I found out most of the money is still in his acct 2 months later, I have emails saying he will pay the installments but do I have any legal rights, I am afraid I am going to get stuck with this loan since it is in my name only.
2 Answers from Attorneys
Re: suing for money owed
You should have a lawyer assist you in demanding that this gentleman pay back the money to you NOW.
You can also get some advice as to what rights you have. Based on what you have said, it sounds clear that he is legally obligated to repay this to you, as he promised to do. You might have to threaten to sue him, and you might have to actually sue him.
Call if you like; I never charge for an initial telephone call.
Re: suing for money owed
You are already stuck with it. If you do nothing, that may become permanent.
Depending on the circumstances, there is a possibility that a court would treat the loan in the nature of a "gift in contemplation of marriage." Such gifts are returnable if the marriage does not take place. See a lawyer near you soon and let the lawyer make the demands.
See also: http://info.corbettlaw.net/lawguru.htm