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

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?

Where should I file my lawsuit? Will any statute of limitations apply in this case? I live in CA, USA now.

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Attorney answers 3

Posted

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/recording-phone-calls-and-conversations). 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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Asker

Posted

What type of lawyer / attorney should I look for?

Asker

Posted

Also, if you have a referral, I would also appreciate it.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

You would look for a commercial litigator. I don't have any recommendations for you. Sorry.

Posted

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.

Asker

Posted

We had discussions about these things BEFORE I made the payment, not afterwards. I did not think I needed these kinds of things in writing in part because I believed she was an honorable, decent human being, but I realize my naivety and stupidity.

Asker

Posted

If you have a referral I would appreciate it.

Scott Richard Kaufman

Scott Richard Kaufman

Posted

The way you wrote this looks otherwise. Regardless, statute of limitations is running out IF it did not already run. You may also be throwing good money after bad chasing her? I wish you good luck with it. Try Craig Friedberg in Vegas.

Posted

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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Asker

Posted

Thank you for your comment. If you have a referral, I would appreciate it.