What legal action can I take if I borrowed more than $30,000 to my ex-girlfriend before we broke up and now she will not pay me back?

Get Legal Help Today

 Secured with SHA-256 Encryption

What legal action can I take if I borrowed more than $30,000 to my ex-girlfriend before we broke up and now she will not pay me back?

She said she would pay my back in the future. After we broke up, I waited a year and asked her to pay my money back. However, she is not willing to pay me. Can I take any legal actions to get my money back?

Asked on July 9, 2015 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can sue her. When money is loaned (as opposed to being a gift), it must be returned when it was mutually agreed it would be repaid; if it is not repaid, you can sue her for breach of contract (violating the agreement to repay) to get your money back. Oral (i.e. not written) contracts are legally enforceable, but can be very difficult to prove--you have to prove the terms of the agreement, which can be difficult if there is no writing and only two witnesses, who disagree--and you also, in your state, have to show that the loan was supposed to repay you within one year (contracts requiring more than a year to be fulfilled must be writing in your state, under what is called the "statute of frauds"). So to win, you'd have to convince a court that you loaned her $30,000 (you can use a cancelled check, etc. to show you gave her the money), that the money was not a gift, that she had to repay within a year, and that she did not repay.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption