Hi over the past 3 years I have given/ loaned over 125K to a woman with a promise to pay back However she has decided she owes me nothing she is 38 and I am 58 is there anything I can do all is documented with bank transfer or western union she is in San Diego currently I am working in Trinidad and Tobago
Country relating to Question: United States
State (if USA): California
I have not attempted to do anything as yet
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Yes, you can retain a civil Litigation attorney in California and sue her for the debt that she owes. The burden would be on your to prove the terms of the agreement. If there was something in writing and signed by both parties, it would be alot easier then a verbal agreement. She is obviously going to deny that she owes you the money or that there was ever an agreement, trying to show the court this was a gift. At the same time, you would need to present the evidence which you have ( the documentation) to show that she did agree to pay you back the money that was loaned. It will then be up to the court to decide who to believe and they could issue you a judgment for the amount, plus attorneys fee, costs and interest.
Can I send to the IRS as a gift and she then is liable for tax I do not have a written aggreement but can prove she took the money
Yes, you can certainly file a report with the IRS and show them evidence that she has received this money and they can decide if they want to look into the matter and see if she disclosed this on her most recent tax returns.
Do you have an attorney in San Diego you can reccomend? she has not paid any tax I know that for sure
You do not need an attorney to contact and file a report with the IRS. You can do that yourself. If you do want to sue her, you can contact the CA Bar Association http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx for a referral or search a site like www.martindale.com for an attorney. Thank you for allowing me to answer your question. If you have nothing further, please rate my answer so I can get credit for my help - I hope you found it to be Excellent!
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