I want to sue my ex girlfriend, but what are is the probability of success?

Asked over 1 year ago - Irvine, CA

5 years ago, we lived together in NV. I paid off her 2nd mortgage, roughly 66,000. I asked for her to place my name on title, to show that I have ownership rights, she declined. I then said that if she kicked me out of the house, she would have to repay me. 6 months later, we broke up. She gave me an initial check for 6,000. Afterwards, every time I called she would say "don't worry i'm going to pay you back". When I finally brought it up recently, she said "oh, well i'm sorry for what happened, but i don't think it's anyone's fault".

What are my chances of winning a lawsuit for the remaining 60,000? What actions can I take to strengthen my case? I.e. If I record our phone calls, what is important or crucial for me to record?

Additional information

Where should I file my lawsuit? Will any statute of limitations apply in this case?

I live in CA, USA now.

Attorney answers (3)

  1. Scott Richard Kaufman

    Contributor Level 20

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    Lawyers agree

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    Answered . Whatever "rights" you seem to claim seem to come after you've voluntarily chosen to make the payments in question. You are not in a good position to make a claim, especially without some writing(s) to show you both agreed to any of this.

  2. Adrienne Patricia Allen

    Contributor Level 15

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    Lawyers agree

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    Answered . Th fact that she paid you back the $6,000 may also be of help. Hopefully you kept a copy of the check. If not, try to get copies from your bank. The amount you are talking about is alot so would be worth pursuing based on breach of oral contract. Gather any witnesses you may have who knew the truth of what was going on. Do not record her without her permission, most likely you won't be able to use it anyway. Get an attorney to represent you since tis will be a superior court unlimited civil case. Good luck!

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

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    Lawyers agree

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    Answered . You need to hire an attorney to do this in Nevada. Its a tough case. If you have your checks going directly to the mortgage company that would be a big plus. It appears that Nevada is a two party recording state meaning you can't record someone without their knowledge (http://www.citmedialaw.org/legal-guide/recordin...). An attorney will guide you further on how to obtain evidence.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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