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  1. #1

    Default My Ex- Won't Repay Money He Owes

    My question involves a consumer law issue in the State of: Delaware

    Ok alittle background. I was engage to a man for about 4 years. During this time I paid everything, including for him and my five children at the time. We had a child together however the relationship didn't last. He tol me thru out entire relationship that he would give me all my money if it didn't work out. I paid off his house,car, etc. When we separated the amount totaled about 189,000.00. Me just wanting out of the relationship I settled for 40,000.00. He was Gonna get a loan for full amount however I felt bad and said no just pay me back 10,000 over the next four years with a notorized contract. We both went to bank with typed letter stating full amount owed and when to be paid which was yearly at 10000.00 Has both names clearly typed and signed as well as a notary. Next payment is due the end of this month and now refuses to pay. He says his lawyers are telling him it's not binding nor will it hold up in court. Also with his first payment of 10000.00 he wrote in the memo part." money I owe"

    Ok first question is will this hold up in court? What are my chances of getting this money back??? I'm single with six kids and in desperate need of this money. He has many lawyers, should I get one and if so who does pro Bono. He took me for everything, no I don't care as I take care of my own however I am looking forward to get this money as it only right. Any thought on how I should go about this it would be much apprieciated. Thank you for your time

  2. #2
    Join Date
    Sep 2005
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    Default Re: My Ex- Won't Repay Money He Owes

    His lawyers told you that the note won't hold up in court, or is he telling you that his lawyers told him that it won't hold up? If the latter, who says that he has even consulted a lawyer, let alone that he's being honest? When you ran the note past a lawyer of your own, what did your lawyer say?

    We can't tell you if the note is valid - we can't see it from where we're sitting.

    Lawyers typically don't do collection cases pro bono, because there's nothing but money involved. If there's money to recover, you can afford the fee. If not, it's not worth litigating. But if you want to try to find a lawyer who won't charge a fee to try to collect a debt for you, nothing would prevent you from calling law firms in your area and asking.

  3. #3

    Default Re: My Ex- Won't Repay Money He Owes

    Thank you so much for your reply. Yes, he is the one that is stating his lawyer said it's not enforceable. I do know he does have a lawyer as we have been fighting custody battles. Im not sure if hes being honest however he just says that im gonna land on my face and he will win. I haven't spoken to a lawyer as of yet. This is exactly what are contract states ;

    (mr x) paid (my name) $10,000 in the form of a check on may xx 2010. (mrs x) will be receiving an additional $10,000 each year for the next three years. The total amount will come to $40,000. (mr x) next $10,000.00 payment will be in the years 2011,2012,and 2013. (mrs x) will be paid in full. Then it goes on that I agree not to collect child support and that he gets to claim our son at tax time. He wanted this stated also on contract just cause he's that greedy. I just need to know before I file if this would stand in court as a binding contract. I can't afford to pursue with this if it's not binding and how could it not be??
    Thanks again for all your help

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: My Ex- Won't Repay Money He Owes

    First, file for child support. An agreement to waive future support is not enforceable, and you have the absolute right to file at any time.

    Other than that you might have to accept a loss - because even if you get a judgment, actually collecting on it is a different matter entirely.

  5. #5

    Default Re: My Ex- Won't Repay Money He Owes

    Thanks, yes I actually knew that no agreement for child support is enforceable unless thru court, i just agreed to adding it in as he wanted lol However if judgement is awarded to me, and he still refused to pay; don't I have right to place judgement on credit as well as garnish wages? Also should I file in small claim or should I file in higher court with lawyer to request full amount. See I had all documents as proof about the total 189,000 however I was told by police for safety of my children and self to leave if I could for the night. I did that and he shredded everything!!! Lawyers told me at the time it was a loss with no proof basically. I just want back what is rightfully mine by this contract. Thanks,

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: My Ex- Won't Repay Money He Owes

    The amount you're requesting is likely over the small claims limit (though I didn't check specifically).

    If you get the judgment, you can also get a writ of garnishment. Expect him to fight that tooth and nail.

    I truly think you should speak with an attorney asap.

    And file for child support. You might be able to do that online...immediately

  7. #7

    Default Re: My Ex- Won't Repay Money He Owes

    Thank you dogmatique. Yes I think it's 15000. For Small claims in de however I don't want to default on the remaining balance if i go to small claims as this was to be paid in installments. I'm gonna seek a lawyer and hopefully go for full amount maybe Thanks again

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