My ex-fiance borrowed about $7,000 total from me in the past year with the promise to repay me when he received a bonus at work. I haven't received any payment from him and don't expect to. I have a text message chain showing his agreement that he owes me this amount and his agreement to pay me from the bonus in cash by Friday July 6, 2012. Do I have enough to take him to court for a judgment if he doesn't pay me back?
Country relating to Question: United States
State (if USA): New York
Requesting he pay me back the money he owes me.
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Good afternoon. Yes, you do have sufficient information. The whole key in these issues is whether the funds advanced were intended as a gift or a Loan that needed to be repaid. Your text message clearly categorizes it as a loan. If he will not pay you voluntarily, file suit against him. Once the suit is filed and ajudgment awarded, you become a Judgment Creditor and can have thesheriff serve a summons on the losing party for a debtor examination. Thatforces the losing party to meet the judgment creditor in court and answerquestions under oath about the losing party's assets. After that information is obtained, the judgmentcreditor has the power to garnish wages,attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.
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Thank you for your quick response. My next questions are:
You're welcome. Because this is in excess of the Small Claims court amount ($5,000), you will have to file this in a state civil court. And, you would be well-served to have an attorney help you with this, although you can represent yourself.
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