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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27256
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My fiance left me because I got sick and he lost s first

Customer Question

My fiance left me because I got sick and he lost his first wife and could not handle it. I supported him and his son and he owes me a lot of money. I have email and text correspondence stating he owes me all this money. He abandoned his things on 11/12 and on 11/23 texted me he wanted his things. I spoke to a lawyer through you and they advised me it could be on my timetable. I gave him all his clothes and personal effects in the house as well as everything his son had in his bedroom on 11/25. The items in the garage are still there. He owes me $20000 and he knows it but he keeps harrasing for the items in the garage and is acting not like the man I was engaged to. My friend did a background check on him which I never did and we found that he owes over $100k to the IRS and has not filed taxes since 2009. I am not going to do anything with his things but do want to hold them as collateral because I need money. I have mounting medical bills because my autoimmune is rejecting my organs and my prognosis is not great. I need the money to help support me and I am afraid if I give him his items he will run and I will never see the money. What can I do? Please help I am desperate because I need to pay medical expenses. Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good afternoon. I am sorry to hear about what you are going through. If he owes that much to the IRS, I am inclined to believe that you would have a hard time just getting him to pay you the money owed. After all, if he would, he would have at least paid you something. With that being said, if you want to strengthen your case, you need to sue him. You need to obtain a judgment and then if he still refuses to pay, try and enforce the Judge by going after any money or assets he may have. The problem is that if the items are his, you can not legally withhold them since you have no legal right to them, in hopes of getting him to pay. Now, if you do this, be aware that he could turn around and sue you even though I am not exactly sure he will. If you wanted to, you could present to have an amount to pay you now, upfront and then agree to release the items, in hopes he agrees.

Customer: replied 1 year ago.
I cannot hold the items as collateral until I get payment? I do not think I will ever get paid and if he doesn't want to send up red flags to his debtors as you see below. He has threatened to file bankruptcy to all his creditors including me but the IRS will not go away. If he sues me for the items can't I just count sue for the amount owed and would a judge call it a wash. He did not have legal right to my money and has repeatedly said in writing that he owes me that money.
Expert:  LegalKnowledge replied 1 year ago.

If he files for BK and you have a judgment against him, it could wipe it out and then you will not be able to collect. It should not present you from suing him though and until he actually files, you should proceed against him. Now, if he did sue you, you could file a counter-claim and ask the Judge to award you what you are owed BUT the Judge may not just allow you to keep the items in satisfaction of the debt. If you refused to turn them over or went ahead an sold his item sand kept the money, then it would have to sue you.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 1 year ago.
in order to get his things back he would have to take me to small claims court right? I could hold on to them until the judge orders me to return them but also potentially sue him for my money show the judge his debt, try to get a wage garnishment for the amount owed and flag the IRS and his other debt collectors. Is this legal?
Expert:  LegalKnowledge replied 1 year ago.

You can certainly sue him for the money owed. However, showing the Judge that he owes money to the IRS or has other financial problems, is not relevant to him owing you money. The Judge will rely on the evidence that you have. Once you get a judgment, you can then try and garnish his wages

Expert:  LegalKnowledge replied 1 year ago.

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