Do I have a case? ?

Most recently my ex-girlfriend and I made an agreement. I would have X amount of money deposited into her account and she would use it to make a down payment on her car. Once the down payment is made, she would take the rest of the money out of her account and give it to me: in the midst of this, we broke up, and the money which is under my name has not been returned and she is not trying to give it back. Do I have a case? 

I have receipts of the transaction. I have the account and routing number with her name attached to it. Do I have a case with this information? 

Update:

Would the police be able to help me retrieve my money back? 

Update 2:

Maybe I need to clarify this more. A check that was under my name was deposited into her account. She has stolen the money and has not retrieved it. Can I get it back? 

18 Answers

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  • 2 months ago

    Assuming everything you said is true, if it isn't in writing, you have ZERO evidence of the agreement. Legally, it will be presumed you GAVE the money to your girlfriend.

  • 2 months ago

    As the funds were deposited into her account with your permission, via a verbal agreement, the police would take no action as this would not be a criminal case, but rather a civil case. If this is a small amount, many states allow up to $5,000, I would recommend filing a small claims court complaint against her. Small Claims may be your best bet here as your costs would be minimal and you won't need an attorney. Good luck.

  • 2 months ago

    You willingly deposited your money into a joint account with the intention of allowing her to buy a car and then refund the rest of the money. You had a verbal--but binding--legal agreement with your GF. So can you get the money back?  Maybe. you will have to take your GF to court to do so. 

    The police are not going to help you. This is a civil matter involving contracts--not a crime that you can point out. She has not honored her part of the deal. The police can't do anything about that. 

    It will help if you have any witnesses that can attest to your original agreement. Even if you do, you will probably not be able to PROVE that you did not give her money as a gift--or that it WAS your original agreement--unless your GF admits it. So yes, you CAN get it back--but WILL you?  That's a different question with possibly a very different answer. Get a lawyer or file in a small claims court. 

  • 2 months ago

    It is going to require more information than that to determine whether you have a case, or a case that has a chance at winning.

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  • 2 months ago

    Unless you have a written agreement or contract, good luck. 

  • Judy
    Lv 7
    2 months ago

    Is your original agreement in writing, signed by both of you?  If not, and she claims it was a gift, you're screwed.

  • n2mama
    Lv 7
    2 months ago

    The police likely won’t do anything but tell you it’s a civil matter that you need to take to court. Do you have the agreement between the two of you in writing anywhere, even in emails or text messages? If all you have is a verbal agreement, then you are probably really screwed because she will say it’s a gift, you will say it’s a loan, and in the absence of any evidence it was a loan, the judge will rule in her favor.

    And yes, it sounds super weird that you would have her deposit a check in your name and then give you the remaining cash. Why couldn’t you take the check to your own bank or a check cashing place and get the money that way? If your goal was to avoid fees, well, it cost you a lot more to do it this way. Lesson learned.

  • 2 months ago

    Probably not.

    Absent some sort of contract/written agreement, any court would, most likely, say that you gave her a gift.

    The police can not help you.  You would have to take her to court.

  • 2 months ago

    That makes no sense. If she needed 2000 for a deposit then why not just put 2000 in her account rather than putting 5000 and expecting her to give you 3000 back. 

    You only have a case if you can prove that it was a loan or there’s some kind of arrangement. 

  • Anonymous
    2 months ago

    "we broke up, and the money which is under my name has not been returned"     

    The money you gave her is not in your name.   It's in hers.  You lent/gifted it to her on the condition that she pay you some unspecified random amount when she bought a new car.  

    I don't quite understand the financial arrangement.   If she had money to pay you back upon buying the car, why didn't she just use her own money to buy the car?   

    In any case, you clearly state that pay-back was expected only after she buys a car.  Did she buy a car or not?

    You have receipts that you gave her money.   So what?   Without a written agreement (or texts or emails or other evidence) that supports that the money was a loan, you have nothing but proof that you gave her money. 

    No, police do not help you get your money back.   Police enforce criminal laws.  Your issue is a matter of civil/contract law.  

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