Ex owes me money

[Sal713]

Florida..
I lent my ex a little over $1000. She said she would pay me back when she got her tax refund this year. It's now October and she is claiming she has not received it yet. If I take her to small claims court, how can I prove that she did?

 

[Zigner]

Florida..
I lent my ex a little over $1000. She said she would pay me back when she got her tax refund this year. It's now October and she is claiming she has not received it yet. If I take her to small claims court, how can I prove that she did?

Perhaps she hasn't. Perhaps she won't.

 

[adjusterjack]

Florida..
I lent my ex a little over $1000. She said she would pay me back when she got her tax refund this year. It's now October and she is claiming she has not received it yet. If I take her to small claims court, how can I prove that she did?

You can't.

What difference does it make?

Just prove she owes you the $1000 then go after her paycheck and/or bank account when you get your judgment.

 

[quincy]

Florida..
I lent my ex a little over $1000. She said she would pay me back when she got her tax refund this year. It's now October and she is claiming she has not received it yet. If I take her to small claims court, how can I prove that she did?

As long as you have some evidence that she owes you $1000, sue her for the $1000. It really doesn't matter where she gets the money to pay you back.

 

[LdiJ]

As long as you have some evidence that she owes you $1000, sue her for the $1000. It really doesn't matter where she gets the money to pay you back.

Except that the oral agreement was that it come out of her tax refund.

OP, ask the judge to order her to go to "Where's My Refund" on the IRS website while she is in court. If she pulls up her information it will show if she has received her refund, and on what date. I will also show if she has not received her refund and its still in processing. Ask the judge to order her to do it right there in court as that will prove whether or not she has received her refund and therefore is in breach of your oral agreement,

 

[quincy]

Where the money comes from really isn't a concern. The fact that $1000 is owed is the concern.

 

[LdiJ]

Where the money comes from really isn't a concern. The fact that $1000 is owed is the concern.

When is the debt due? The contract says that the money is due from the tax refund. If no tax refund has been issued yet the debt is NOT past due.

 

[quincy]

When is the debt due? The contract says that the money is due from the tax refund. If no tax refund has been issued yet the debt is NOT past due.

I see how you are reading this but a loan for $1000 was made with an agreement to pay it back.

Sal713 can sue for repayment of the loan. It will be up to the ex to prove the loan is not yet due.

 

[HighwayMan]

As long as you have some evidence that she owes you $1000,..

That seems to be key here. I'll bet this will turn out to be a he said-she said.

 

[LdiJ]

I see how you are reading this but a loan for $1000 was made with an agreement to pay it back.

Sal713 can sue for repayment of the loan. It will be up to the ex to prove the loan is not yet due.

I disagree. That is transferring the burden of proof to the defendant. A creditor has to demonstrate that the person owing the debt is in breach. They have no valid reason to sue if they cannot prove a breach of the contract.

 

[quincy]

That seems to be key here. I'll bet this will turn out to be a he said-she said.

I agree. Oral agreements are not easy to enforce.

Sal must show there was a $1000 loan - and that there was an expectation by both parties that this $1000 loan would be repaid within a short period of time (and not to be considered a long term loan or a gift, if a tax refund was not forthcoming).