lawsuit question

[videoman40]

Hi,

I am going to try to not get too personal here, I was involved in a relationship, there was talk of marriage and even a child. Based on the promise of a future together, I helped my "fiance" around the house, I re-landscaped the yard, buit a deck, a large one too, about 1800sf, I stained it, I painted the inside of the house, pulled down interior walls, cleaned the outside, built a staircase leading from the street to the new deck, and a lot of other things I did to fix up the house. When winter came, things all of a sudden werent working out, I believe I was used for the work. May I sue her to get paid for the work I did?

 

[calalily]

Breach of Promise

Did you pay for the materials and do you have receipts? The labor part I doubt you could sue for, however, you may be entitled to the recovery of the cost of materials. Key word MAY be, not absolutely. Was your labor and if you paid for materials based on the premise that you would benefit by eventually living in that house? And how did your ex-fiance suddenly have things not work out? A lawyer will be able to tell definately if you have a claim or not, but it would probably be filed in small claims court any way where you don't need an attorney to represent you. You may have a claim of breach of promise. Were you engaged? Do you have witnesses to the fact you were planning to marry? Check out law below...did not copy total law, just the first paragraph. Go on-line and search for breach of promise.

THE LAW RELATING TO BREACH OF PROMISE OF MARRIAGE

CHAPTER 1
A THE PRESENT LAW
There can be no action for breach of promise unless a contract to marry has been made. There are no formal requirements regarding the contract. It need not to be evidenced by writing and the law prescribes no particular form of words. A promise by one person to marry another is not binding unless and until that other also promises to marry the first person. Mutual promises to marry may be implied from the conduct of the parties. A declaration of intention to marry another made to a third person will not constitute a promise unless communicated to the other person on the authority of the person making the declaration. While it is not necessary that the mutual promises should be concurrent, both should be made within a reasonable time of one another. An action for breach of promise to marry may be taken by a man as well as a woman. In modern times there have been instances of successful actions by men.

 

[calalily]

Depends on State you live in

Forgot to mention this...depends on the state you live in. Many states have abolished breach of promise but left intact the right to sue for fraud, deciet, or unjust enrichment.

 

[videoman40]

thanks

Thanks for the reply, but I'd like to hold out for a knowledgeable reply from someone in the legal profession. I do not think this will be small claims.

 

[calalily]

Answers will help legal professional

You need to post what state you are. Different states, different laws. You also didn't state whether you paid for any of the materials yourself and whether you have receipts. This will help the legal professional who wants to answer your posts. Also, answer whether or not you have witnesses to your claim that you two intended to marry; especially witnesses who heard her make statements supporting your claims listed in first post. Good luck!

 

[videoman40]

location

I must be getting old, but I could have sworn that when I posted this, the form asked me the location, must be my mistake, as I cant find it anywhere. This happened in West Milford New Jersey. Can I prove we were engaged? I am sure I still have emails from her discussing our future together, so yes I think I can. Maybe I wasnt as clear as I should have been, but I feel like she used me to get the work done, and that was her only interest. As such I feel scammed and manipulated. Do I have receipts, no. However I was more interested in the labor than the materials. I bet I put in over 40k worth of repairs and upgrades to her house.

We did go to court recently over a restraining order, and I won that hands down, the judge yelled at her, saying she had no credibility at all. I feel like she only wanted the TRO to keep me away, so she could enjoy all her new found (free) upgrades to her home.

I find it hard to believe that I was that stupid, having admitted that, I also find it hard to believe that I cant get back some of what I invested into that house.

 

[Duranie]

Videoman, unless you can prove some sort of fraud, you probably have no case. If you want to pursue this see an attorney and see what they say.

What you did would probably constitute a gift since you were involved and there was no agreement for her to pay you for the work.

 

[calalily]

Documentation is key

I think the place to post your state is where you first joined this group or in the member profile. Duranie may be right that the labor will be considered as a "gift." Are you perhaps a licensed contractor and she knew this? Do you have before and after pictures? You have to have a lot of documentation when you go into court and try to prove fraud or deceit. The emails would have to be explicit too and spell out that she asked you to do a lot of the work that you did with promises of you benefiting from your labor. How would you prove to the court actual hours worked and how would you prove how much you should be paid? Did you document the dates and times as you went? Can't do it after the fact. These are just a few of the questions that would be raised by a lawyer or court. So, if you think you have answers for all of the above then see an attorney to file a civil lawsuit. Sorry someone with more legal knowledge did not reply to your post.