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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34753
Experience:  16 yrs. of trial experience
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Hi I was dating a guy for 7months. We are no longer in a relationship

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Hi I was dating a guy for 7months. We are no longer in a relationship because I just found out that he has been married for 4 years and he has relationships with four other women. Of course I'm heartbroken however, during our relationship he has borrowed monies from me which totals to $1200. Now he refuses to pay me back, every time I call him he states that he is going o report me to the police for harassment. I have been requesting my monies back throughout the relationship and every time he would tell me he would pay me back. Every time I lent him money was cash. The only proof that I have is a voice message from him stating that he will pay me back the money by June 10th. I have not yet recieved that money. Do you think I have a chance for a case?
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.


Ma'am you can file that in small claims court.

Under the law in NY, if your claim is for $5K or less, you can file in small claims court and "do it yourself" prove your case you have to prove that this was a loan and not a gift.

So, for example, if you gave him money with no agreement that he would repay? That is a gift and you can not force him to return the money.

But if this was a loan??

If you and he agreed that he would repay you?

And he has not?

Then you can sue and ask the court to order it.

This is exactly the sort of case small claims court is designed for.

You have the burden of proof. You must present evidence to prove your case. But the great thing about contract law is that if you had an agreement, even an oral agreement, you can enforce it. You would simply testify to the court and explain what happened.

It sounds to me like you have a great case

Let me know if you have more questions, happy to help if I can

P. Simmons and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you the only issue that I have is that I don't know his current address I only have his first and last name and dob. How can the court serve him?
You need to track him down. In order to effect service (and more important, in order to force him to pay you) you need to track him down.

Consider using a private investigator to do this...or use a service like this one

to track him down yourself.

Customer: replied 3 years ago.
I used the intelius and there are only old addresses not the current one. I now the street but not the house .
Ma'am, you will need to find out where he lives to file suit.

Once you do, then you can file file the suit with the court. .

There are folks like private investigators can help you fine them and can actually serve them the notice of the court.