My ex owes me 22,000 dollars and i have an iou but she has untill oct 3 2011 to pay it back but i know she never intends to pay.

Asked over 3 years ago - Anaheim, CA

so what is my next step?

Attorney answers (4)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . It might be possible to sue based on a theory of anticipatory breach.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Todd Eric Gallinger

    Contributor Level 13

    Answered . Your next step would be to consult with an attorney to see about filing a lawsuit. It would be a limited civil case in California, but it is well over the limit for small claims court. If you have proof that she doesn't intend to pay (written statements for example) you may be able to sue before the due date. Hopefully you had the initial note or IOU drafted by an attorney, if so they probably put additional legal protections for you in there, such as the ability to cover attorneys fees and costs.

  3. Robert Harlan Stempler

    Contributor Level 19

    Answered . A claim for breach of contract requires a contract, the breach (typically non payment when due), and a demand for payment that gets ignored. You may need to wait until the due date and send a written demand for payment, unless she has told you she will not pay you the money back in Oct. 2011. You could then sue her for fraud or unjust enrichment, but you should have witnesses to help prove your case of her expressed intent to not pay you.

  4. Pamela Koslyn

    Contributor Level 20

    Answered . You can't sue until she breaches. How do you know she doesn't intend to pay? I don't see how you can possibly know that.

    If the IOU is an enforceable written contract, you have 4 years from the date of breach to sue.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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