My daughter has paid over $8,000 to her fiancÚ to keep him out of jail. He was behind in child support and had creditors calling everyday. She wants to call off the engagement but wants her hard,earned money back. She did have him sign a paper that states what he owes and promises to pay her back. Will that hold up in a court of law? She lives in GA and he moved back to NJ recently for work.
2 Answers from Attorneys
No one here has read the paperwork to know if the language is proper or enforceable., Your daughter will need to find a lawyer in New Jersey and decide if the cost of pursuing this and the chances of recover justify the expense.
You really ask several questions. Will the paper "hold up" in court? Who knows? Nobody has seen it. Assuming that it is a proper promissory note, the answer is yes. The problem though is with the second part - this fiance is a deadbeat criminal financial loser. What makes your daughter think that he is such a hot prospect as a husband to induce her to loan these funds? This guy was victimizing her and when she has had enough the dude will move on to his next female victim. Absent an attitude adjustment, he is not going to change. So how is he going to be able to pay back that money even if your daughter gets a judgment against him? He is in arrears in child support. Assuming that the deadbeat works, only 25% of his pay can be garnished (maximum) and even if it is, child support will come firs. So what other assets does he have? I will wager few.
You do not indicate where the deadbeat lives or where the contract was made. NJ has different laws than GA. The important question is not where your daughter lives but where the fiance lives and where the fiance has assets. If that is GA then your daughter needs to talk to a GA atttorney about suing in GA small claims. If the fiance is in NJ then she needs to talk with an NJ attorney.
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