I was dating a girl and she went to jail and lost her job. I got her out of jail and told her I would help her with a place to stay until she got another job and got on her feet again. She told me she had cancer again. I took out three onlines loans to help us. the last loan was for 1000 to get Christmas. She took 600 of it and bought her family Christmas. Two days after Christmas we split and she said she was not going to pay me back anything. My only source of income is social security for my two boys that are autistic and for my wife passing away april3rd 2011. Now the online loans are draining my acc. and leaving me know why to take care of me and my two boys. I just found out that she doesnt have cancer again and that she told another person the same and got money and rides to chicago to see another guy. Is there anything I can do to get my money back?
1 Answer from Attorneys
At the very least, you could sue her for unjust enrichment.
I suspect your act of giving her money was a gift, and not a loan, as you don't reference any types of repayment agreements, etc. in your question. A gift, in the eyes of the court, is usually irrevocable, however, in situations in which the gift was procured by fraud, courts have held the donee responsible on a theory of unjust enrichment. Unjust enrichment is defined as a benefit has been confirmed on the donee, the donee knew of the benefit, and the donee retained the benefit under circumstances (lying about cancer in order to gain monetary gifts) that would be unjust for her to retain the benefit without payment.
However, filing a lawsuit is a time-consuming and expensive practice. Even if you were to file in Municipal Court, filing a lawsuit and the cost of an attorney's time could run at least $500-1,000. That might be more than your damages.