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Lucy, Esq.
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I lent 8000 to an ex boyfriend. I live in Boston, he lives

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I lent 8000 to an ex boyfriend. I live in Boston, he lives in VA. He promised me he would pay it back and has not done so yet, it has been about a year and I have gotten 1600 of it back. I have emails from him stating he intended to pay it back and I also have cancelled checks for the rent that I paid for him. Do I have any legal recourse to get this money back?
Submitted: 3 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Is the property that you paid rent on in Massachusetts or Virginia? Has he ever lived in Massachusetts, or does he spend a significant amount of time in Boston?
Customer: replied 3 years ago.
The property was in VA and he has never lived in Massachusetts. He lives in VA and I live here. I helped with rent and lent money to buy a camera for school on my credit card.
Expert:  Lucy, Esq. replied 3 years ago.
Thank you.

You can file suit against him, however, the Small Claims limit in Virginia is only $5,000, so you can't sue for more than that. Small claims is much more user-friendly than the regular trial courts, so you would usually want to sue there if possible. The emails and canceled checks will be sufficient proof of your claim. The other problem is, you would have to travel to Virginia for the trial.
http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf


It would be much better if you could sue in Massachusetts. The Small Claims limit is $7,000, and you wouldn't have to travel for the trial. You can sue in Massachusetts if he visits you here regularly (or even semi-regularly), or if he was here when you gave him the money. Basically, you have to show that he has enough contacts with Massachusetts that it's considered fair for you to sue him here. You can use emails, texts, and phone calls directed at you in Boston, but you'll need more. This site has forms and instructions.
http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html


Good luck.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20783
Experience: Lawyer
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