ex finance borrowed money

[ddunsworth]

I lent my ex finance 12k in January to pay his house taxes and high interest credit cards off from a loan from my 401k. His intentions where to pay me back from his income tax and a bonus he was to get in April (both fell through and he never paid back a dime yet). I gave him this money by writing him a check that he deposited into his checking account. We had a disagreement last month and he kicked me out. We talked about the loan when I came to get my things out of his house and he said he has every intention of paying my back. My question is what legal right do I have in getting any of this money back. How should I pursue?

 

[presutin]

Yes, you do. I hope you wrote on the check that this money was a loan and also made him sign a promissory note for the amount of the loan. If you did not, then you will have to show the courts that the money was indeed for a loan and that he stated that he had all intentions to pay you back.

 

[ddunsworth]

Yes, you do. I hope you wrote on the check that this money was a loan and also made him sign a promissory note for the amount of the loan. If you did not, then you will have to show the courts that the money was indeed for a loan and that he stated that he had all intentions to pay you back.

What steps do I take to pursue this. I did not have him sign a promissary note, so how do I show the courts it was a loan? All I have is the cancelled check made out to him and I was the one that deposited it into his account.

 

[Theresagail]

Send him a email asking when he plans to start paying it back-- hopefully he will tell you-- this would be proof that he acknowledges this is a loan-- or text him--

 

[presutin]

I would also try and see if he can provide you with an affidavit saying that he owes you the money and has always planned on paying you back. Good luck to you!