by MercyMe on Sat Nov 07, 2009 5:08 am
I hate to bring this up, but actual real money is rarely where and when an N says it will be, even if (especially if!) it's yours and not his. It tends to be replaced with assurances and IOUs and "What money?" statements with even greater rapidity when they sense you are on your way out. A true N was never in it for love. It's all about the power/control/domination, and money is power. An N will NEVER knowingly let you leave empowered. You speak very confidently of money that is supposed to be in a certain place, and I really really really hope you're right, but... read the other posts on this board. Money disappears with Ns, magically, mysteriously -- and is frequently the first concrete sign that Nsweetie is less than honest. My personal guesstimate (and I could be wrong on this; feel free to disagree) is that Ndiscovery based on money mishandling is second only to Ndiscovery based on evidence of cheating -- it's very common.
My suggestion to you is that you make an unscheduled visit to his parents' home when he is not there and doesn't have any idea you're coming, feign an emergency that requires the safe be opened there and then (like you desperately need legal docs that are in there -- your health insurance carrier is demanding a copy of your birth certificate, for instance, and you can't find it and you think N put it there and you need it RIGHT NOW) and simply take the money out when they open it, right there in front of them. Yes, it's a brash move, and don't be surprised if his parents try to stop you or even insist to you that the money is his or theirs! But if you can demonstrate legal ownership and don't think you'll get beaned in the head or shot in the process, take it. Now. If it's actually still there, that is.
If you just can't, or you try and it's not there, or especially if you try and are stopped, file a legal claim immediately. No honorable person, no one with conscience, keeps you from viewing and/or accessing your own money. If you can't see it and can't take it at will, you already have big problems; they won't go away with time. Don't waste your time with numerous pleas and threats, they don't work. Send a couple certified letters that you can later present in court, but don't get suckered into waiting or trusting with the obligatory N promises and IOUs, or jumping through this or that hoop thinking you'll get your cash back as promised... only to find another hoop awaits you. Believe me when I tell you: if it's not there now, it's never coming back. Go ahead and file your claim while you still have time. If you can prove criminal malfeasance (fraud) on his part, file a police report too. As soon as possible after you know it's gone. Don't wait. Filing a legal claim and/or a police report does not stop normal people (who really do intend to pay you back) from satisfying their debts. An N will tell you loudly and pitifully that it does, but it doesn't. Ns just don't like enforcement. :)
If it's less than $5000, depending on state law you can file in small claims court without an attorney, though it's good to have an attorney regardless. Establish your legal right to the cash in public record. A judgement may not be collectible, but it can hinder him in future scams. And -- God forbid -- if you ever have to file bankruptcy, a judgement against him now would preserve your rights. It's definitely worth the effort, IMO.
But given that he knows you are on your way out (I think he sensed the beginning of the end when you refused to buy property with him; you actually exercised independence from him and Ns can't stand that) it would be a good idea, even if you can't take it with you, to clap eyes on that money as soon as you have opportunity.
I'm really sorry. I know this isn't what you want to hear, but it sounds like you're counting heavily on that cash being where he says it is. Better you know your risk today than the day you desperately need it and find it gone. I wish you the best of luck. Get free soon!!!
"Pete, it's a fool looks for logic in the chambers of the human heart." -- Ulysses Everett McGill, O Brother, Where Art Thou