Can I take an ex to court for money owed to me under implied consent?

I kept loaning this person money because they were verbally agreeing to pay me back. He did make me a few payments, which I have proof of. Can this prove he knows he owes me money? Also, throughout all the paperwork I found a list he had wrote of “things to do”. Included on this list was my name along with saying figure out how much I owe. Will this help me in court to prove he agreed to eventually pay me back? We did sign one note, but only for a smaller amount. I do have all of our bank statements and credit card statements showing the payments. Will this help me to get my money back?

Asked on December 12, 2011 under Bankruptcy Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your former boyfriend owes you money, I would send him a note to that effect requesting payment as well as a promissory note for him to date, sign and return in a certain period of time. The promissory note form can be obtained online. You need to state the amount owed, an interest rate for repayment and monthly payment terms.

If he refuses to acknowledge the debt in the stated time, your option is to bring a legal action against him possibly in small claims court. From what you have written, you have proof of an obligation owed you by him. Keep a copy of all correspondence sent him over this debt issue.


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