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  1. #1
    Join Date
    Oct 2014
    Posts
    8

    Default Getting Money From an Ex-Girlfrield for Covering Her Accident Damages

    This past June when I was riding with my girlfriend at the time, she accidentally backed into someone's pickup truck while trying to pull out of a parking spot. We stayed to talk to the truck owner. Since she didn't want to risk increasing her insurance rates and she was in financial hardship, I volunteered to pay the truck owner under the table for repair and paint job costs to the scratches/dents done. It costed me $1,000; the first $500 was for downpayment and the 2nd half was for next day after he showed me the invoice. I didn't ask the truck owner for a copy though. I recorded on my phone back then showing his vehicle and tag # and then-girlfriend in the video while he had to take care of some other business.

    After settling with the truck owner, I talked to then-girlfriend that since I was bearing the financial stress. I told her that the least she can do in return is finish college, find a perfect job, repay me for the fenderbender, and get married. I never said anything about it being a gift. Later on she would say no as revenge for a personal grievance in our relationship.

    However after we broke up, I was only able to recuperate parts of my fenderbender bailout by keeping a few items as well as the unused amount of the rent payment she made upfront for the month she moved out. We also originally had a joint personal training contract at a gym that would accrue sessions. Since stopping my payment for my half of it, I almost exhausted all the remaining PT sessions including ones she continued to pay on her own as another way to recuperate as much as my fenderbender bailout as possible. Even after all those efforts, there would still be $200 left to recover.

    The only evidence I have is that video recording of the incident that day implying her being responsible and her not denying it. I also have the truck owner's contact info. I could also print copy of the deposited/cashed checks that are scanned to my banking e-statements. Even if I know her social security # and new address, is it possible for me to recover the last $200 from her via small claims lawsuit?

    She stored her credit card # on some of my online accounts with some merchants. If I use it as another way to recover the remaining amount of my fenderbender bailout by purchasing something, will it be legally risky?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Do I Have a Case for This Somewhat Verbal Agreement

    Quote Quoting BigPete
    View Post
    She stored her credit card # on some of my online accounts with some merchants. If I use it as another way to recover the remaining amount of my fenderbender bailout by purchasing something, will it be legally risky?
    Using someone else’s credit card information to buy things without their consent is a form of theft. It doesn’t matter that you are doing it to try to recover money you believe is owed to you. If you do that, you may find yourself with a criminal conviction and might even spend a little time in jail. I would certainly not suggest you do that.

    You want the money from her, sue her in small claims court. Whether you will win your case is impossible to say. It depends on what the judge thinks after hearing what you and the ex-girlfriend present in court. Small claims court in most states is pretty cheap and the rules are pretty simple. So you don’t have much to lose by trying small claims court. And that’s the right way to do it. Trying to collect by using her credit card information or taking her stuff without getting a judgment and taking the proper steps to attach her property can cost you a lot more than the $200 you are trying to get from her.

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