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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118189
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I leant my ex-husbND 10,OOO dollars over one year ago with

Customer Question

I leant my ex-husbND 10,OOO dollars over one year ago with the promise that he would pay e back when he got his payment from a medical fraud case. He got the settlement (alot more than 10,000 dollars) and paye one payment of 2,000 and one of 3,000. He has ignored my requests for any kind of payment at all, and I need to collect immediatelely. It was a verbal agreement between he and I, but there are many persons who are aware of the agreement. Can I get representation for breech of promise, grand theft, whatever. Please help me.

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Submitted: 7 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 years ago.
It would not be theft because you gave him the money. It would be a breach of contract, but the problem you will have is that the statute of frauds states that contracts of this nature must be in writing to be enforceable. This does not mean that it will be impossible to collect, but it does mean that this is not going to be as open and shut of a case as it would be if you had a written agreement. The Statute of Frauds does have an exception that states when one party performs on an oral obligation, then the other party can be bound to perform. He would likely try to argue it was a gift, but your proof of the repayments already made would be sufficient to overcome his claims it is a gift. Because of the amount left due to you, it would be cheaper for you to file suit in small claims court against him and when you file you would include the cost of filing suit and in small claims you could sue for up to $7500.

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Customer: replied 7 years ago.
what are the appropriate procedures for filing a small claims-where do I apply,usually how long does it take before they notify the defendant and we actually make it to court?
Customer: replied 7 years ago.
what are the apporiate procedures for filing in small claims? Is there a filing fee? Where do I file in Orange Co. Ca.? Usually, how long does it then take before they serve the defendant, and actually get a court date? Any suggestions?
Expert:  Law Educator, Esq. replied 7 years ago.
You can file in Small claims by filling out the forms at http://www.courtinfo.ca.gov/selfhelp/smallclaims/scforms.htm and there is a very simple form for you to fill out, file and serve on the ex and the process is very simply explained there as well.