Pay back a loan.
I loaned an exgirlfriend $2500 over a year ago. We broke up a couple of months ago. She has said that she will pay me back ''some of it'' this October. Do I have to accept her terms or can I go to small claims court and have her wages garnished? How long does she have to pay me back? Her financial situation is not the greatest but that is not my problem.
Re: Pay back a loan.
Her financial situation is very much your problem. Getting a judgment of the court, and collecting that judgment are two different things. The amount is low enough it might not be worthwhile to hire an attorney. If you go to court, you have to prove that it was a loan, not a gift. Also, there appears to be no due date agreed upon, so that is also your problem. If you do not have a promissory note or written contract that is your problem as well. Also, if you get a judgment, good for you, but garnishment is complicated and tricky procedures must be followed. If you do it wrong you might expose yourself to a claim for wrongful garnishment. So make sure you do it right.
We see so many questions about "boyfriend-girlfriend" financial transactions on this site. They are often problematic, since the people did not have enough commitment to each other to be married yet. Hopefully you can resolve this.
Good luck.
James D. Jenkins
