I want back my money!

Dear Mrs Macaulay,

I am writing to you because after reading several of your columns, I feel comfortable seeking you out for advice. This matter concerns a relationship that was built on trust and love.

I dated someone from Jamaica over a course of almost three years. I met him here in the US. He had a visitor’s visa which enabled him to go back and forth during the course of our relationship. Money was lent to him on the basis that he would start business ventures that would eventually flourish and make money for us.

Well, this never came to be. His taxi business never prospered. The money I lent him to do farming, he could never make enough revenue to pay me back. In addition, I sent him money to divorce a “commonlaw” wife. And I did this with the intent of him severing all ties with her – like her moving out of his home and allowing us to move on with our relationship.

Well, needless to say, he reneged in all aspects of this financial agreement. The same woman he borrowed money from me to divorce, he ended up having a child with her, which he didn’t tell me about. I found out via social media. I immediately severed our relationship and told him I wanted all the money lent in full. He said he didn’t have the money to repay me but would fix up a house I’d bought for me.

I declined this offer because I’m selling my house and I want my money back. He said he would give me back my money in instalments and I have yet to see any repayment. I have all Western Union receipts for the money lent. But unfortunately I do not have receipts for cash lent. Everything totals almost US$8,000. How do I go about suing him?

Your letter deals with the age-old situation. I have never been able to understand why some women do this because others would immediately be turned off from a man who asked them for money as loans or otherwise. This, especially when there is clearly insufficient knowledge of the man’s financial and business history.

The fact that he started asking for loans should have raised questions in your mind about him, your love and trust for him notwithstanding. Yet even after the taxi business failed, you also lent him money for farming and to terminate his “common-law” relationship.

There is certainly no “divorce” of a commonlaw wife; it is a termination of the relationship with her. This you later found out did not happen because he instead fathered a child with her. It seems clear to me that this man was obtaining monies from you by false pretences, which is a criminal offence.

You clearly are not thinking of pursuing a criminal prosecution of him, as you ask how to go about suing for all the money owed to you. Well, it is pretty straightforward. You should retain the services of an attorney-at-law to institute a claim in the Supreme Court (because the quantum of your claim is US$8,000) on your behalf and have the claim served on him.

Your Particulars of Claim, which will support the Claim Form, will give the details of the loans and the circumstances in which they were obtained. It will also state the fact of the repeated demands you have made for the repayment of your monies, the particulars of his admissions, and his promises to pay in instalments which he has failed and/or refused and neglected to make.

The fact that he offered to defray his debts by fixing up your house is also an admission and should be used by you in your Particulars of Claim as such.

Then his offer to pay by instalments (you must state the figure offered as instalments) must also be offered in proof of his admission of your claim. It is good that you have Western Union receipts for some of the monies lent to him. Copies of these would be attached to your claim.

The others lent to him in cash would be pleaded accordingly. I hope that this man is not a man of straw and it seems not, because you speak of his farming, so it seems he does own some land and possibly his home and probably a motor vehicle.

I mention this because on the successful conclusion of your claim with judgement against him plus interest thereon and costs, if he fails to satisfy the total judgement sum either via his attorney-at-law or a bailiff, his failure would have to be dealt with by a judge in chambers upon your applications for execution of your judgement.

Orders can be made for him to pay by instalments, which may not be of sums sufficient to clear up the total in good time and these orders are too often not obeyed. Your lawyer would then have to apply for an order for the sale of such property owned by him, the funds from which will defray your entire judgement debt.

The fact that you live in the USA is of no importance, as whenever you need to appear in chambers or in court – if he seeks to file a defence to the claim – it ought not to cause you any inconvenience because you would have enough time to make your arrangements to travel.

And in fact, your lawyer can, when fixing dates, ensure that these are convenient to you. I must just add that in cases such as yours, it would be advisable for this man not to seek to defend the claim but to seek to settle it.

I say this because the costs which would be attached if the case goes to trial would add to a great sum because of your travel and possibly accommodation expenses for your necessary appearances in chambers and court.

You must therefore obtain the services of an attorney-at-law to prepare your claim and pursue the proceedings on your behalf.

Margarette May Macaulay is an attorney-atlaw, Supreme Court mediator, notary public and women’s and children’s rights advocate. Send questions via e-mail to allwoman@ jamaicaobserver. com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5.

DISCLAIMER: The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.