Legal Question in Credit and Debt Law in Virginia

Ex-Fiance Won't Pay Me Back???

My fiance of thirteen years owes me over $7000 for car insurance, repairs, computers etc. that I bought for him (usually on my credit cards) over the years on the condition that he would pay me back. He was giving me a monthly check for around $400, but has not paid me anything since Feb. We have broken up, and he is refusing to give me any more $ and telling people he owes me nothing. All of this was agreed upon verbally, but the car is in his name and the items are in his possesion. I would think that the fact that he had been paying me would show that he obviously at one point acknowledged the debt. I have tried to be as fair as possible, not even requesting the repaying of the interest I have put out on this amount (which at this point is considerable). He lives at home and does not pay any rent etc., while I am the sole provider for myself and my elderly mother. I desperately need this money paid back to me, and feel that taking him to court or at least seriously threatening to take him to court will be the only way this can be resolved. Do I have a case?


Asked on 5/19/08, 10:13 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Ex-Fiance Won't Pay Me Back???

Why, yes, of course, you "have a case"; however, whether your claim to an oral contract with this former fiancee can be proven to the satisfaction of a judge is quite another matter, but merely because there may be difficulties with the issue of adequate proof in no way implies that you should not try.

You could sue him for up to $5K in your local small claims court for the cost of the filing fee of around $40. Anything over that and up to $15K would need to be filed in the regular general district court. I would also suggest that you arrange to consult with an attorney as to how best to organize and present your case in whichever forum you choose to pursue the matter.

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Answered on 5/20/08, 8:11 am


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