Legal Question in Civil Litigation in Virginia
Deployed soldier, Money meant for wedding
I am a deployed soldier. I was engaged to be married to a woman in the state of Virginia. We were making plans for a wedding and I was funding various parts. I wrote checks for SPECIFIC items, such as rings, car repairs, Digital Camera, and one $1000 dollar cashiers check as loan for rent and other things. There was a verbal agreement that this money would be paid back. My ex-fiance never purchased any of the items that the memo line on the check states they were for such as rings, camera, wedding costs. NONE of these things were done. She has since moved in with another man. I was wondering what my entitlement to any or all of the money that was spent for things that were never purchased. Like I wrote checks to repair my vehicle, the memo line on the check said specifically for that to be done. The funds were never used for that purpose. I feel like since I was sending her money for intended purposes, that I might have so legal right to file a claim for all or some of those funds. Thank you.
3 Answers from Attorneys
Re: Deployed soldier, Money meant for wedding
As long as there was an agreement (verbal or otherwise) that the money was to be repaid and that no part of it was a gift, then you do have a contract claim for repayment.
Re: Deployed soldier, Money meant for wedding
Yes, of course, you may file a claim; proving it to a judge's satisfaction by a preponderance of the evidence is "another kettle of fish" as they're known to say in certain parts which shall remain unnamed.
Your one time-intended's response is very likely to be that these items were nothing more than gifts, an affectionate affirmation of your feelings towards her at the time----and nothing more.
In front of a Small Claims Court judge(or the equivalent) it will be your sobering task to offer evidence which proves otherwise.
Re: Deployed soldier, Money meant for wedding
There's probably little chance of success for recovery.
I recently had a similar case you check out at
http://www.tomcsmith.com/victories/tc3Victories.htm
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