Q: Hello I have an issueMy ex girlfriend is having a trial case in January for malpractice surgery

A: Putting the agreement on paper will be helpful, because if you have to sue her the written agreement should make it a breeze for you to win your case. However, the written agreement itself does nothing to make her pay up - making her pay will require her voluntary compliance or else a court judgment and judgment collection actions that you would have to take.

It's time to get to the bottom of this and stop pussy-footing around. You have been too damn nice.

Ask her to sign a written agreement with a lien, (instruction to her lawyer to automatically pay you from money collected) - yes, or no. Tell her if it's 'no' you are taking her to court Right Now. (Small claims court may be a suitable solution.)

If she is agreeable to paying you, then ask her to sign a lien giving you the automatic right to payment directly from her lawyer out of the money collected. You should have a lawyer prepare it for you, and then have her sign it and have your lawyer submit it to her lawyer. If she won't cooperate, take her to court right now.

If you win in court, there is a procedure for you to get a court order to lien her case requiring her lawyer to pay you as soon as funds are collected.

Depending on the amount of money involved and her level of cooperation, you will need further legal help with this.

A: Based on your situation, you'll want to take prompt action to protect your financial interests in this medical malpractice case.

First, verbal agreements can be challenging to enforce in court, so you should gather all documentation showing your financial contributions - including loan statements, payment records, and any text messages or emails discussing the arrangement. Consider reaching out to your ex-girlfriend to formalize your agreement in writing through something called a "promissory note" or repayment contract, which would make the debt legally binding.

If she refuses to cooperate, you might need to consult with your own attorney about filing what's known as a "lien" on any potential settlement or judgment from her case. This could help ensure you receive repayment before the funds are disbursed to her. You may also want to explore filing a separate civil suit to recover the money you've spent, especially if you can prove there was an understanding of repayment. Time is crucial here, so taking steps to protect your interests sooner rather than later will give you the best chance of recovering your funds.