Full question:
Took out 2 loans for ex-boyfriend to get vehicles. No payments have been sent for the loans. Need assistance on how to get the money back from him since he moved to Virginia. Any assistance is greatly appreciated.
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Maryland
Answer:
If someone breaches a contract, the injured party can sue for breach of contract in civil court. If your ex-boyfriend has moved to Virginia, you may need to consider the long-arm statute of your state, which allows you to serve an out-of-state defendant if they have sufficient contacts with your state. This means they must have connections that make it reasonable for them to be sued there.
If there are no minimum contacts, you will likely need to sue him in Virginia, where he now resides. The terms of your agreement with your ex-boyfriend will outline your rights and obligations. If you decide to pursue legal action, here are some key points about contract law:
Contracts are legally enforceable agreements that create obligations for the parties involved. A breach occurs when one party fails to perform their contractual duties, causing the other party to suffer damages. Remedies for breach of contract aim to restore the injured party to their original position, and these include:
- Money damages: Compensation for financial losses due to the breach.
- Restitution: Restoring the injured party to the position they were in before the contract.
- Rescission: Terminating the contract and relieving both parties of their obligations.
- Reformation: Changing the contract to correct inequities.
- Specific performance: Compelling one party to fulfill their contractual duties when monetary damages are insufficient.
Promissory estoppel may also apply if one party relied on the promise of another, leading to unfairness if the promise is not enforced. This requires showing reasonable reliance on the promise, actual reliance, and that enforcing the promise is necessary to avoid injustice.
For further assistance, you may want to consult with a legal professional who can guide you through the process based on your specific situation and the laws applicable in Virginia.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.