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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I lived in Maine and was dating someone who borrowed money

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I lived in Maine and was dating someone who borrowed money from me, I moved to North Carolina, the man has a respectable position in Maine so I was basically fooled. He continued to play me basically and I have just found out. He does not want to pay me back anything. I sent him a letter of demand with a list of the monies borrowed. He left a voicemail and text threatening to call the police on me for harassment. My question is this, the man plans on relocating to Puerto Rico shortly. I would like to file a small claims against him through the Maine court. However, if I sent a letter of demand which has a 30 day pay in full, can I send court papers now with attachments? Or what would be the best I could do. I know in such cases when scammed it is hard to get anything back, but I have to at least try.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

, if I sent a letter of demand which has a 30 day pay in full, can I send court papers now with attachments?

The answer is yes. Understand that the letter was your attempt at negotiation. It has no legal bearing. So if he is showing no evidence of wanting to pay back the money, you may pursue this in court. You are not "estopped" to wait for those 30 days to be over before filing suit - that is when the actual legal matter begins.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.

Note that this may be a case for breach of contract and unjust enrichment.

The elements of a breach of contract claim are (1) breach of a material contract term; (2) causation; and (3) damages. Maine Energy Recovery Co. v. United Steel Structures, Inc., 724 A.2d 1248, 1250 (Me. 1999).

To establish a claim for unjust enrichment, three elements must be proven: [One] a benefit conferred upon the defendant by the plaintiff; [two] an appreciation or knowledge by the defendant of the benefit; and [three] the acceptance or retention by the defendant of the benefit under such circumstances as to make it inequitable for the defendant to retain the benefit without payment of its value. AFAB I, 610 A.2d at 749 (quoting Estate of White, 521 A.2d 1180, 1183 (Me.1987)).

While unjust enrichment is normally used for contract labor, etc, it often is also used as a secondary back up cause for breach of contract claims.

Good luck!

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Customer: replied 4 years ago.

Thank you Ely. I will sent the paperwork to him with return receipt request and then file in the Maine court. I do appreciate your advice. It is most embarrassing for someone to have to even admit that they fell for something like this and I truly appreciate all your advice. Judy


It is indeed my pleasure. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.