Debra, I would appreciate your take on this. I was in a 3.5 year dating relationship. I had my own house. He lived with

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Customer: For Debra:Hello Debra,I would appreciate your take on this.I was in a 3.5 year dating relationship. I had my own house. He lived with his daughter, i.e. we were on separate official addresses. He paid for my rent in the city where he would often visit me and stay with me for a few days. He picked the places I rented with a committment of paying for them (I could not afford places he picked). Lease was in my name - he would transfer money to me for rent.Due to him not paying for the rent fully + me landing him a fair bit of money throughout our relationship, he ended up owing me a lot of money (there is a signed handwritten promissary note where he states how much money he owes me). He paid me back a good part of it, but still owed me several thousands dollars when we split in Spring of 2019.At that time we agreed that he would pay rent for space in my garage for the stuff he brought from his old house (he was going through divorce), because there was no room in his daughter's house/garage where he was living during his divorce, and during our relationship. I have texts confirming details of the garage rental agreement.Also, as of last spring, I started charging him interest on all the money he owed me. I have email informing him of the interest charges and his email where he says "ok".Now, the issue - He stoped paying for the Garage Rent and toward his debt early last Fall. His last payment was September of 2019. He came to my house in NOvember to help move my boat, at which time he collected several of his things from the garage, and I have not heard from him since.On May 1, 2020, I sent him a letter stating that he needs to pay me back (the original left over debt + unpaid rent for the garage + accumulated interest on both) or that I would sell his stuff or take legal action.On May 22, 2020, I received a threathening letter from his lawyer stating that I am not allowed sell anything, that I in fact owed him loads of money, and that I stole a boat from him. This is a boat that I purchased 100% with my money, when we were dating, under a promisse that he would buy it off of me within 6 months of the purchase. He never contributed a dime for the boat (other than pay for the damage he caused to the boat), so the boat was registered in my name and is fully mine. There is also a note, signed by him, stating that boat is fully mine and that he has no ownership in it.His lawyer encouraged me to take legal action, which I refused, stating that I wanted to resolve this out of the court.I never heard from his lawyer again. I kept sending montly debt statements (on the first of every month) with brief request for coopeartion and stating that I want to settle this.Now 6 months later (and 6 unanswered emails later), I want to wrap this up.I consulted with a lawyer who said the following:1. If this person and I did not have an official joint/shared address, did not have joint finances, and did not own anything together - there was no relationship and I should not talk about this as a relationship (the lawyer knows about the rent and him staying over).2. It is clear that this man has abandonded his things in my garage as it's been 14 months since the last time he paid rent, and it's been 6+ months of him (and his lawyer) ignoring my request for payment and resolution of the issue.3. That I have the right to sell or dispose of all the stuff in my garage and just keep the receipts and move on with my life.4. That if I wanted to be very polite - I could send them one last letter saying - you have 1 month to pay what you owe me and then I am starting to sell and /or dispose of the stuff in my garage.Does this sound right? I have received contradicting advice about having the right to sell the things in my garage, so I am now confused. His lawyer certainly thinks I am not allowed to sell anything.I just want to be done with this and I don't want to spend money on the legal procedures. I don't have money, and that is why i am so keen to get the money he owes me.Your input would be greatly appreciated Debra.Many thanks,
Maja
Answered by Debra in 6 mins 2 years ago
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

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Debra, Expert

First, it's not really his lawyer. He paid someone to send a letter and he which is why you never heard from that lawyer again nor will you.

I do agree that you should send one more letter and should send it by registered mail and give him a firm deadline for removing the things. In the letter you can tell him that if he fails to comply you will have everything removed and disposed of and then you will see compensation for any cost you incurred in so doing along with your claim for other money he owes you.

However, what you should know is that you were going to run out of time to sue him for the money he owes you because you have to sue him within two years of your making the demand.

Does that help?

Customer
Sorry, not sure I fully understand.Few additional questions:1. Are you saying that I should NOT sell the things in my garage? I can dispose of them but not sell them?2. If I want to get paid back, I need to go the court route?
3. When does the 2 years expire?
- 2 years After his last payment to me, I.e. 2 years from September 2019, or
- 2 years from my request that I be paid back, i.e. 2 years from May 1, 2020?Thanks!
Customer
Another question.Can I simply sell his stuff and get paid back that way.Just keep the receipts and if he sues me - say that I sold his stuff to cover his debts to me.Thanks!
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Debra, Expert

No you can sell them after you send that letter.

Yes you would have to sue him if he won't pay you.

Normally it would be two years from the last payment but it depends on the working of the promissory note. I would not take chance and i would sue before September 2021.

Yes if you sell the stuff keep track of what you were paid for it.

Customer
sell things and still sue for money owed.Promissory note just says (in handwriting)‘I owe Maja (last name) $30,000.
His Signature
February 15, 2019”He was paying me back in random instalments until September 2019.So that is when I think is the safest to use as the start of 2 years.Or should I take February 2019 as the start date?Thanks!
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Debra, Expert

No that is not correct. He restarted the limitation period every time he paid you a partial payment towards the debt.

Customer
Oh, perfect! So the last time he just sent $200 was September 2019 and when I asked what the money was for (I meant - was it for the debt or garage rent), he just replied “The money I owe you”.That was the last time he paid anything toward the debt.So good, I have another 10 months to take him to court.I will likely send an offer - he pays me back and takes his stuff, or I will start selling and disposing of everything.But what I am hearing is that even if I sell everything and get enough money to cover the debt owed to me, I still have to sue him through small claims court to get my money back + the expense of disposal (and then give him the money for the stuff I sold). Is that right?Or can I just sell his stuff and say - we are even, and not sue him?Many thanks.
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Debra, Expert

No. You he would sue him. You are entitled to get every dollar that he owes you.

Customer
Ok. My plan then is:1. Send the last effort letter in which I ask him to pay me by a certain date and collect his stuff. Otherwise, I will start selling his stuff and/or will be disposing of them.2. If he doesn’t respond or does not agree to pay me back and collect his stuff - I go ahead and start selling his stuff or disposing of them (garbage bin).3. I will keep all receipts + record of time and money i am spending on the clean up and selling of his stuff.4. Once everything is sold and gone, I still need to I sue him through the Small Claims court for all the money he owed me (the original debt + rent money owed + interest on both debts + cost of my time and other costs related to get rid of his stuff)5. I need to file a claim with the court before the two years from his last payment are up.Does that cover the basics?Many thanks Debra! I really appreciate your help with this.Maja
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Debra, Expert

That's perfect.

You are very welcome.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Many thanks Debra. Your help and advice is always super helpful! Maja
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Debra, Expert

Anytime.

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