need help writing a summary for the small claims court...rop

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  1. i hope to get some assistance here, my mother is filing a small claims court case, and since she doesn't speak english, she's asking me to write the summary for the application, i am not a very good writer, so therefore i'm asking for some help here. This is what I have so far, some advises would be greatly appreciated...something I didn't include in this is an exchange of emails and telephone conversation I had with his wife? (not sure their status, he claims they are married, but we are not really sure, at least she never fully admitted it to me), it's a very very messy and complex situation...and i am extremely stressed out about it...so here is what i have so far:

    On October 17th, 2006, DXXXX came to my apartment and begged me to lend him $6000. He was crying and told me that he had lost his job, and needs to pay his monthly mortage for towards his new home, since his parents aren’t helping him financially, and he really needs $6000 to meet his personal financial commitments. He promised at the time that he as soon as he starts working again, he will pay me back. Convinced that he would not cheat me of my money, I hesitantly wrote a cheque for $6000 (See exhibit A) to help my nephew out, expecting him to pay me back in full once he finds a job. Fortunately, DXX did find a job in January 2007 with XXXX as VP of Operations for Asia Pacific, he was to reside permanently in Asia (I believe this is the company that he is currently working for). But, never did he contact me to return the $6000.
    Numerous attempts were made to request the return of the $6000 from XXXXX during the past 18 months, the only way I had of contacting him was through an overseas telephone number he had given me. He never picks up my calls, and usually returns my call after many voices messages left by me. When he does call me back, he always managed to come up with some outrageous excuses as to why he isn’t able to and always rushes through the conversation. Out of desperation I contacted his father hoping he would be able to give me other means to contact DXXX. However, I was told that he had no ways of contacting DXX either. It was usually DXX who contacts him, otherwise he doesn’t know how to reach him.
    In late December of 2007, after my repeat attempts, DXX finally agreed to met me in my visitor’s parking lot to hand over a cheque paying me back the full amount of $6000. Much to my surprise after I took a good look at the cheque, it was post dated for January 28th. Believing that he has the intention of paying me back the money, I patiently waited until January 28th to deposit the cheque. However, on Feb 8th, when I checked my bank account online, I found out that the cheque did not go through (see Exhibit B). I tried to contact him immediately, but the phone number I had been able to reach him at was no longer in use. For over a month, I was not able to reach him.


    On March 20th, by chance, my daughter happened to bump into him at Ikea. She immediately called me and put him on the phone. I told DXX that his cheque did not go through, he told me he was shocked to hear that. I asked him to give my money back, he said he can’t, he is broke because he bought a house worth 8,000,000 RMB in shanghai. After a lot of conversation he gave me back $500 in cash on March 28th, and promised to give me back $500 in cash each month, even though I did not agree to this arrangement and feel that after over 18 months, it is time for me to get my money back in full, especially since he has been continuously working, and seems to be making an adequate living. Trying to get him to pay me back my money, my daughter also made many attempts on my behalf to contact him via email to help get my money back, therequest was always met with the usual negative feedback stating that my daughter should stay out of this. He also stated via email to F*** Off.

    At this point, I no longer have faith that he has good intention of giving me back my money. I lend him the money to help him out, not for him to buy a mansion. I have exercised the utmost patience and good will in this whole situation. At this point, I am asking for the assistance of court to help me get my money back. The amount that is owed to me is $5500 in principal plus 3% interest, as outlined in an email DXXX wrote to my daughter on XXXX (see Exhibit C).
     
  2. so a couple things i must add, the only reason why he sent me the email stating that he owes us the money and plans on paying us back with 3% interest was becuase his wife was starting to question this whole situation, and he didn't want his wife to find out, so he was begging me not to tell her the truth, and that's why he agreed to write me an email saying that he owes us the money, otherwise all of my emails were basically met with the typical F U replies.
     
  3. i READ it all and I actually understood it all perfectly...meaning u did a good job!

    PS-send his wife a copy of this!
     
  4. thanks jill...i don't think sending his wife a copy will do anything unfortunately, she knows pretty much the gest of the whole story, and she told me that she believe we're telling the truth ( there's a thread in money talks about this), but at the end they just kiss and make up, and she's not getting involved in this whole situations...so at this point, my only hope is that the court will do something, but i have little to no faith in the justice system...actually at this point, iv'e lost hope in mankind...very very disappointed at this whole thing.
     
  5. Just the copy of the bounced check is ENOUGH!
    I beleive u could win EASILY
     
  6. thanks for your positive energy...i definitely hope so, if we do get our money back, that definitely calls for some bubblies
     
  7. anyone else? is there any details i should include? there was a very messy situation with his wife involved, it's all very crazy. help.
     
  8. any lawyers that can help me? please?
     
  9. Is the defendant out of the country? You might have venue/jurisdictional issues here ...
     
  10. he is currently in canada, as far as i know, he does work overseas, but his permanent address is in canada and he's a canadian citizen.
     
  11. anyone? i know there are some lawyers on the forum...i dont' want to loose the case, i'd hate to see him get away with this.
     
  12. you may win, but how will you collect?
     
  13. Are you in Canada too? Do you even know where this guy is (working overseas= not in Canada?)? He will have to be served w/ process.

    As to the statement, I'd shorten it a bit and make it a bit more concise. It is too long, IMO. If you have emails from the guy, I'd add those as an exhibit.
     
  14. yeah i'm in canada, he is curently in canada, the company he works for is in canada, and he travels between canada and china, most of the time he is in canada i believe...he was living with his parents before he went overseas, and i believe that's still his legal address