Legal Question in Credit and Debt Law in Pennsylvania
I gave some money to my boyfriend and made the check out to him and wrote on the check for truck loan it was for 68,000.00 he hasnt paid it back yet can i sue him for it?
3 Answers from Attorneys
If you can prove loaned the money to your boy friend and the statute of limitations has not sepired you can bring a law suit against him. You should contact an attorney to discuss the particulars of your case and whether such action would be timely.
I do not mean to be rude, but if you gave your boyfriend that much money, you should have had a properly drafted promissory note and you should have gotten some type of security.
Was the loan do in instamments with interest or on demand at an unspecified time? Did you have a lien on the truck title? Most states require that you send a formal written demand on your boyfriend to start the statute of limitations running. Has this been done? Email and phone conversations may or may not count.
I would not mess with this on your own any longer. You need to get up with a lawyer as soon as possible. You do not indicate where your boyfriend resides at this time or when the loan was made. You can always sue him where he resides. While you could sue him in Pennsylvania if the loan was made there, if he owns no property in Pennsylvania, it will be difficult to collect any money from him. Other states may permit garnishment of his wages (Pennsylvania does not) so it may make more sense to sue him where he resides. If that is the case, find a lawyer in his county/state.
I am assuming by your question that you don't have a written loan agreement with him. I am not sure why you would loan a huge sum of money without a written contract. Do you have a lien on the vehicle? Yes, you can sue, if you can prove it was a loan, and prove that he was to pay you back in a specified time. You should hire an attorney and provide all of the details that are relevant to determine the best way to proceed. Feel free to email me.