Legal Advice: Ex GF (of course)

[multiband8303]

So I broke up with my ex (for reasons that are ueless to say, but I'm glad I made the decision I made)

Anyways in short order - she owed me a large sum of money - she cut me 5 checks, and I deposited them - all of them bounced (why she gave me 5 checks I dont know, she just did)

Can I take this to small claims? ( The amount is $1000, she owed me more, but I was satisfied with this )

She also owed me for half the rent on the lease at our old apartment (she was on the lease and I payed all the rent)

Should I add the rent up in the small claims as well? What are my legal avenues here? The money isnt that important, as it is, that she should learn how to pay back people.

 

[RichUK]

'Cheque'

 

[moshquerade]

Originally posted by: multiband8303
So I broke up with my ex (for reasons that are ueless to say, but I'm glad I made the decision I made)

Anyways in short order - she owed me a large sum of money - she cut me 5 checks, and I deposited them - all of them bounced (why she gave me 5 checks I dont know, she just did)

Can I take this to small claims? ( The amount is $1000, she owed me more, but I was satisfied with this )

She also owed me for half the rent on the lease at our old apartment (she was on the lease and I payed all the rent)

Should I add the rent up in the small claims as well? What are my legal avenues here? The money isnt that important, as it is, that she should learn how to pay back people.

did she post date the checks?

 

[burntfish]

you know the drill.

TTIWWP

 

[Ns1]

Originally posted by: multiband8303
So I broke up with my ex (for reasons that are ueless to say, but I'm glad I made the decision I made)

Anyways in short order - she owed me a large sum of money - she cut me 5 checks, and I deposited them - all of them bounced (why she gave me 5 checks I dont know, she just did)

Can I take this to small claims? ( The amount is $1000, she owed me more, but I was satisfied with this )

She also owed me for half the rent on the lease at our old apartment (she was on the lease and I payed all the rent)

Should I add the rent up in the small claims as well? What are my legal avenues here? The money isnt that important, as it is, that she should learn how to pay back people.

small claims, bring proof. no need for lawyers.

 

[multiband8303]

No she did not.

However, on a totally seperate topic, isn't post dating a check illegal?

Update: http://forum.freeadvice.com/showthread.php?t=306915

It's not illegal, however, it doesn't matter, if the person signed the check - and has an amount - whenever it's brought to the bank, it's brought to the bank and deposited immediately.

So, I see the checks are not the problem, how about the lease and her half of the rent?

 

[Reel]

Does she have the money to pay you? If she legitimately can't afford it, walk away and don't waste your time or hers in small claims. They usually can't force her to pay or take money from her.

 

[moshquerade]

Originally posted by: multiband8303
No she did not.

However, on a totally seperate topic, isn't post dating a check illegal?

Update: http://forum.freeadvice.com/showthread.php?t=306915

It's not illegal, however, it doesn't matter, if the person signed the check - and has an amount - whenever it's brought to the bank, it's brought to the bank and deposited immediately.

So, I see the checks are not the problem, how about the lease and her half of the rent?

i was just trying to figure out why she would write you out 5 separate checks. i could only figure it was because she had post dated them and you were to deposit them after each date to insure the funds were available.

 

[RadiclDreamer]

Originally posted by: RichUK
'Cheque'

In america we say check, this is an american based site. Hence the CHECK spelling

 

[multiband8303]

Originally posted by: Reel
Does she have the money to pay you? If she legitimately can't afford it, walk away and don't waste your time or hers in small claims. They usually can't force her to pay or take money from her.

Then its a claim against her, I could care less if she can't afford it or not. She shouldn't literally write checks, and live a lifestyle she can't afford then.

Also update: Minnesota = Illegal to post date checks ( the checks in question aren't post dated though )

I have a copy of the checks (from the bank)
I have a copy of the lease (with her signature)
I have documentation of the rent payed by my checks (copies of the actual checks)
and I have all of my statements to show the court as well

any other documents I need before I file my claim?

 

[RichUK]

Originally posted by: RadiclDreamer

Originally posted by: RichUK
'Cheque'

In america we say check, this is an american based site. Hence the CHECK spelling

SRSLY?

 

[classy]

Dude for a thousand dollars I would just cut my losses and move on. I know it stinks but the hassle of trying to get money after a busted relationship isn't worth it.

 

[multiband8303]

Originally posted by: moshquerade

Originally posted by: multiband8303
No she did not.

However, on a totally seperate topic, isn't post dating a check illegal?

Update: http://forum.freeadvice.com/showthread.php?t=306915

It's not illegal, however, it doesn't matter, if the person signed the check - and has an amount - whenever it's brought to the bank, it's brought to the bank and deposited immediately.

So, I see the checks are not the problem, how about the lease and her half of the rent?

i was just trying to figure out why she would write you out 5 separate checks. i could only figure it was because she had post dated them and you were to deposit them after each date to insure the funds were available.

I fully understand the point you were trying to make, and the assumption you made; to me, that would make the most sense. However, this is not the case. I don't understand either, it's best to just shrug your shoulders and scratch your head here

 

[PokerGuy]

Which state are you in? In some states small claims court can be very useful, in others it's pretty much worthless since you won't be able to collect on any judgement you might get.

SCC is definitely where you want to take something like this. Bring documentation to back up any of your claims. The cheques that bounced are evidence that she believed she owed you the money, so you've already pretty much proven your case that she owes the money.....

 

[DivideBYZero]

JUDGE JUDY!! NOW!!

 

[multiband8303]

Originally posted by: PokerGuy
Which state are you in? In some states small claims court can be very useful, in others it's pretty much worthless since you won't be able to collect on any judgement you might get.

SCC is definitely where you want to take something like this. Bring documentation to back up any of your claims. The cheques that bounced are evidence that she believed she owed you the money, so you've already pretty much proven your case that she owes the money.....

Minnesota, I live in the twin cities metro (if that matters)

 

[Dr. Detroit]

Be civil,

ask her for the money again and accept 5-checks.

Once you recieve those checks take them into her bank and cash them on her account, if funds are not there the bank will refuse to cash it. if it is there, they will check your id and let you cash the check for cash.



And yes, you can file small claims. Ensure you keep reciepts for the money you "lent" her.

 

[Whoozyerdaddy]

You can get a judgement against her for the bounced checks. I doubt you'll get anything for the rent as you didn't demand she pay half when you were living with her. *If it was ok then, why is it not ok now* kind of thing.

 

[RaistlinZ]

Originally posted by: classy
Dude for a thousand dollars I would just cut my losses and move on. I know it stinks but the hassle of trying to get money after a busted relationship isn't worth it.

I agree. Unless you're extremely pressed for cash and need that $1,000 to pay your bills next month I would just move on. She doesn't sound like she's worth wasting anymore of your time on.

 

[Casawi]

Originally posted by: RaistlinZ

Originally posted by: classy
Dude for a thousand dollars I would just cut my losses and move on. I know it stinks but the hassle of trying to get money after a busted relationship isn't worth it.

I agree. Unless you're extremely pressed for cash and need that $1,000 to pay your bills next month I would just move on. She doesn't sound like she's worth wasting anymore of your time on.

Even if he needs the money I doubt he will get it by next months. I think it will take sometime to get the money from her.

I recommend you call her and make a deal with her, maybe she can pay you in favors ...lol jk

 

[Coolone]

Originally posted by: RichUK

Originally posted by: RadiclDreamer

Originally posted by: RichUK
'Cheque'

In america we say check, this is an american based site. Hence the CHECK spelling

SRSLY?

Yep.

I made that mistake when I moved to the States. I wrote "Cheque" on an english paper, and my english teacher was like "wtf?"

Also here in the States, cars drive on tires, not tyres

 

[bsobel]

It will most likely take you months to get thru small claims, and longer to get your money (6-12 months most likely). Are you sure you really want to deal with this? My advice. Get everything ready but wait 2 weeks. If your still upset enough then to do this, your call. I'm with all the other 'let it goes' in the thread. Too much drama for the amount involved for someone you lived with.

 

[Kyle]

you can -and you'll probably win - I did this same thing, won, but never saw the $$. The girl move to another city - I never found her, didnt have an SSN or anything like that so there was not much I could do. But at least I got to kick her ass in small claims - she thought there was no case and the judge made her look stupid =)

 

[paulney]

Originally posted by: Coolone

Originally posted by: RichUK

Originally posted by: RadiclDreamer

Originally posted by: RichUK
'Cheque'

In america we say check, this is an american based site. Hence the CHECK spelling

SRSLY?

Yep.

I made that mistake when I moved to the States. I wrote "Cheque" on an english paper, and my english teacher was like "wtf?"

Also here in the States, cars drive on tires, not tyres

Don't waste your time, RichUK is too busy watching rugby.

 

[mrrman]

Originally posted by: NeuroSynapsis

Originally posted by: multiband8303
So I broke up with my ex (for reasons that are ueless to say, but I'm glad I made the decision I made)

Anyways in short order - she owed me a large sum of money - she cut me 5 checks, and I deposited them - all of them bounced (why she gave me 5 checks I dont know, she just did)

Can I take this to small claims? ( The amount is $1000, she owed me more, but I was satisfied with this )

She also owed me for half the rent on the lease at our old apartment (she was on the lease and I payed all the rent)

Should I add the rent up in the small claims as well? What are my legal avenues here? The money isnt that important, as it is, that she should learn how to pay back people.

small claims, bring proof. no need for lawyers.

she intentionally bounced the cheques, not good for her in court