Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

36 Lawyers are Online Now

characters left:

Not a Legal Question?

Question

Me and my ex girlfriend broke up for a week now. However, she owed me 1000 dollars to buy her car. First she told me that she will never pay me back. After I canvinced her, she's now telling me that she'll pay me monthly with no exact date and amount. We had no written agreement. Except that I gave the money through check and we had conversations through text messages and email. How can I get my money back, should I go for small claims court. However, I am concerned with my immigration status here in the U.S.. It might affect on my record and future immigration applications. I am not a green card or citizen of the U.S.. She mentioned that she will if I continue to ask her of the money, she will sue me with harrassment.
She seems to know everything about laws and relationships. She had been in multiple relationships before.
Also, I am meeting her this monday to get my stuff from her apartment and give back hers including the key to her apartment. what should I do by then?
Is there anyway, I could have her sign a promisory note or is there anyway i could have something like a laptop while she still owe's me money? can i go to her apartment if she allows me...? what if she will use it against me in the future as trespassing?
Thank you.

Submitted: 199 days and 3 hours ago.

Category: Legal

Value: $9

Status: CLOSED

Posted by LawNinvest 199 days and 3 hours ago.

Answer

As to your immigration status, it will not be affected when you file for small claims court. In fact it is not a relevant issue what your status is in the U.S. to exercise your rights to sue. If you want to avoid suing you can demand in writing for full payment or if you want to give her some time for full payment, you can enter into a written agreement to reflect terms of payment and when payment will be due in full. That way she will be on notice when she much finish all payments before you proceed with suing. Since there is nothing in writing it is presumed that all payments be done "within reasonable time".

_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

199 days and 3 hours ago.

Reply

Thanks for the reply, however, I have some clarifications. Also, I am very concerned with this because she seems to know how the law is and has a very good past experiences, she had been into a lot of relationships before and I considered myself as fooled on this relationship. Now,
a.) do you have any advice on how I can have her sign a written agreement. She already told me that she will not sign anything. Is our text messages or emails and the check I gave her for the money enough to support if I sue her in the future?
b.) what if she will countersue me, she was telling me that I was harrassing her. Of course, because I was asking her to pay me back the money but I did not do anything to her. I only called her phone once or twice during the day and did go near her after we broke up.
c.) we are meeting this monday to get my stuff from her apartment and give her back her stuff including the keys she let me use to her apartment. should I go in her apartment even if she will allow me to get my stuff? what if she will use it against me in the future that I was tresspassing...?
d. ) is there a way I could have her give me something like a laptop computer or a watch while she owes me?

thank you.

Posted by LawNinvest 199 days and 3 hours ago.

Answer

a.) do you have any advice on how I can have her sign a written agreement. She already told me that she will not sign anything. Is our text messages or emails and the check I gave her for the money enough to support if I sue her in the future?

Only way is to ask her. If she already has refused, then your text messages, emails and check is good enough proof that she owed you the money. It just means that in order to sue her you need to issue a demand letter first to render payments within 15 days, wait to see if she complies and if she does not then sue for defaulting on the demand letter. Otherwise if you had something in writing and she failed to pay, you can sue immediately without having to issue a demand letter.

b.) what if she will counter sue me, she was telling me that I was harrassing her. Of course, because I was asking her to pay me back the money but I did not do anything to her. I only called her phone once or twice during the day and did go near her after we broke up.

Harassment is a crime not a civil issue, so there is no countersuing for this. Further harassment requires that the communication serves no legitimate purpose. Given that you are demanding payments, that is legitimate as the call is not to threaten her nor to ask for things that are not letigimate. Just to be safe, I would keep all communications in writing and emails to have as evidence.

c.) we are meeting this monday to get my stuff from her apartment and give her back her stuff including the keys she let me use to her apartment. should I go in her apartment even if she will allow me to get my stuff? what if she will use it against me in the future that I was tresspassing...?

Trespass is without authorization, if she is welcoming you to enter the apartment, then it is not trespass. If you want to be safe have a friend or the police escort you as witness.

d. ) is there a way I could have her give me something like a laptop computer or a watch while she owes me?

Not if she does not agree to do so.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Accepted Answer

I hope you got my answer. We as I am having problems with notification.

Please click accept.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Accepts:
Expert:	LawNinvest
Pos. Feedback:	99.5 %
Answered:	5/8/2009

Lawyer

Family, Juvenile Dependency, Criminal, Probate Just Answer Legal Mentor

199 days and 2 hours ago.

Reply

thanks for the reply. I will accept after this. do i have to pay everytime I reply?
lastly, she was telling me that she's going to file a restraining order against me if i continue to ask her of the money, harass and not leave her alone which i think i didnt do.
what do you know about this and what should i do to be safe....? I don't want to mess my clean record and specially that I am a foriegn student of this country... and of course, still get my money back? again, thank you very much for all the help.

Posted by LawNinvest 199 days and 2 hours ago.

Answer

No, you don't have to pay everytime, just once is okay.

Restraining orders can only be obtained if there is evidence of threats of harm or actual harm or harassment. But if she is willing to lie they will believe her over you and can get the restraining order based on a lie. So my suggestion would be to cease further contact with her verbally. Only communicate in writing as evidence and make sure communication is done once or twice a month to negate a harassment charge. Make it professional so she cannot claim threats. Since she said she will make payments per month, wait the first month and see if she makes it. If she does not, then send your nice letter to her (keep a copy), if she threatens harassment or does not respond then sue her in court and don't discuss anything else with her. You can also have a lawyer send her the letter so it shows you did not contact her at all and shows that you have legitimate grounds to ask for the money.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Law

Have your own Legal question?

Related Law Topics:

Question

Answer

Reply

Answer

Accepted Answer

Reply

Answer

Related Legal Questions