Legal Question in Civil Litigation in New Jersey
How do i collect?
My daughter's ex fiance purchased a condo when they were togeather. He needed appliances and I put on a charge card in my name and they were delivered to his condo. I also put a chair on my charge and had it delived to his condo. Also, he came to me and asked if I could put a $1000 deposit down on the reception hall. One month later he changed his mind and he and his family made my daughter give the ring back and I lost the deposit. Now he has the condo up for sale and wants to move back with his family in NY. He told me he would pay me but has said nothing in the past 2 months. How do I get my money? Can I put a lien on the condo? How do I do it? And, can I request that he be responsible for legal fees if it comes to that?
2 Answers from Attorneys
Re: How do i collect?
I would love to be able to give you some good advice, but I call it as I see it. You didn't say the magic word: contract. Without a contract, there is no evidence that this was nothing more than just a gift. Thus, I see no way in which you will collect.
Re: How do i collect?
You have case for breach of contract (oral contract). From what you have stated, it appears that you brought him the appliances and he in turn promised to repay you. The fact that he stated that he will pay you is his recognition that he owes you for the appliances and they were not a wedding present. This case would be too small for most attorneys; therefore, it is the type of case where it�s best that you go to small claims court (it appears to be less than $2,500) as a pro se litigant (self representation). The filing fees are less than $35; the court will provide the forms and there are court provided written guidance, such as, what documents you may need to prove your case; and witnesses �in your case- to the agreement (neither the court nor the clerks are allowed to give you legal advice). Finally, all small claims cases are sent to mandatory mediation. Give it a try and go get your money.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
