Can I sue my ex for money owed?

If your former partner failed to pay you back from the money you lent him/her or one which he/she agreed to pay back according to settlement or agreement after divorce, you may wonder whether you can seek legal action to receive that money. Here are some key things to know:

 

Legal Basis upon which to base a Lawsuit

 

As required to have a successful action against your ex in a civil court, you need to be able to make a legitimate legal reason. Some common scenarios include:

 

- Breach of verbal or written loan agreement, promissory note for money lent or failing to pay the amount as promised by the borrower. The jury may ask in this case “can your defendant pay?”

- Moreover, a violation of the financial or property claim can be a mark of your divorce decree.

- Missing contributions of court prescribed spousal or child maintenance.

- Breaking of an emanated written cohabit accommodation treating on the division of assets, debt and liabilities.

 

Should the said partner not fulfill the obligation due per a conclusive arrangement among the two of you, and then, you urge him to pay but he never really responds, that gives rise to a law suit.

 

Gathering Documentation

 

To give your lawsuit the best chance of prevailing, gather all documentation related to the money owed including:

 

- Bank account statements

- Cancelled checks

- Credit documents concerning a loan which you signed with or Payment conditions applicable to the transaction which you both agreed on

- Emails or letter, of course, will express the gratitude to the debt load.

- Divorce settlement forms, for their part.

 

Your documentation must explicitly show exactly how much is owed, your ex's commitment to paying, and proof that he/she didn't do so despite multiple demands.

 

Filing Your Lawsuit

 

Most of the time you could file your suit in small claims or civil court, stating your claim as breach of contract or any other possible cause of action. Before the judge, you need to be not only able to explain him but also to persuade him to believe that the amount you ask is the exact sum of what your ex should owe you. Come along with documentation and also bring people who have seen it all happen and can testify too.

 

In case the court decides in your favor, the judgment will be in favor of you, and you will be awarded a monetary judgment. Getting a judgment is not the end of the road in this case, as you have to go an extra step if your ex-partner does not pay though you have a ruling. Collection of formal remedies can vary from wage garnishment to real estate lien to levy from bank’s assets, based on state laws.