If i win the case, will i be able to win the attoney cost, court fee and flight ticket cost (to fly to missouri)? if he lose the case, and not willing to pay, is it difficult to have him pay me if he lose the case?
here is my case, my husband divorce me and wrote me a letter promise me that if i sign the divorce paper, he will return $1700 loan for me and transfer the title of the vechicle to my name after i signed the divorce paper.
After I signed it, and the divorce is final, then i can never reach him anymore, and the settlement of divorce didn't cover this loan, so do i have enough prove and evidence to prove that it's a loan? will i have good chance to win?
I know i will have to sue him in his county, so i will have to fly down there!
Thanks and i appreciate your help!
2007-02-06 11:28:28 · 8 answers · asked by dayme 1 in Politics & Government ➔ Law & Ethics
How about, Without disrespect, you write it off and move on. My wife, before we were married, had a boyfriend, co-signed a loan for a motorcycle, broke up, and was sued for the cost. Paid it off, and moved on. Bike cost 8000.00
2007-02-06 11:33:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you really want to go through court, you have enough materials with you. The letter, if indeed, it has the details stating that he would pay for the loan and give you the vehicle upon signing the divorce paper, this should be enough. Is the letter in his handwriting? If it was typewritten, did he sign it? The letter must have evidence that HE wrote it.
If the letter can be proven that he wrote it (either through his signature or his handwriting), then you have the case. You sigining the divorce paper would mean that you agreed to the terms of the condition as stated in the letter.
As he is in breach of this written agreement, you have the case on your side.
Talk to a lawyer and make sure that if you do sue, you can also recouperate the lawyer's fees and any other fees out of your pocket.
2007-02-06 19:40:53 · answer #2 · answered by Nocturne_in_G_Major 2 · 0⤊ 0⤋
If you have that letter your chances of winning the case and recouping expenses are good.
Normally you would have to prove that you loaned him money, but if the letter acknowledges that the 1700 was a loan, that in itself is sufficient proof.
In all probability you would win the case, but that's only half the battle. If your ex doesn't want to pay you, he can stall by appealing the descision, or just not pay. You would then have to garnishee his salary or have some of his property seized. This would entail further expense, and if he's not working or doesn't have enough assets to pay, you will be in a sticky position.
2007-02-06 19:38:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sounds like you got involved with Jerry the mooch. Yes just cause you have a court order saying you win. Most the time these dirt bags still don't get prosecuted. Save your money and take it as a lost. Don't add on to your lost. Be glad your rid of the mooch.
2007-02-06 19:34:05 · answer #4 · answered by LuckyChucky 5 · 0⤊ 0⤋
You really should of seen a lawyer and got their oppinion before you signed anything. You divorced the man so what made you think that you could trust him?
2007-02-06 19:32:56 · answer #5 · answered by rastus7742 4 · 1⤊ 0⤋
When you file your complaint make a request in there for attorney fees, court cost and expenses reimbursed. Then if you win then it will be granted.
2007-02-06 19:37:17 · answer #6 · answered by glamour04111 7 · 0⤊ 0⤋
you can sue anyone.....I don't think you will win. Divorce is horrible!! What have we become? Does marriage mean anything to you guys? I don't think you should win the case. Everybody is sue happy.
2007-02-06 19:35:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Do you have the agreement in writing? If not it will be hard to prove. Good Luck.
2007-02-06 19:36:24 · answer #8 · answered by witchypoo 4 · 0⤊ 0⤋