A friend of my mom's loaned me or gave me money to help me out of a situation about 1 year ago. Since then my mom broke up with him and now he is demanding his money back. However, there was nothing put in writing, no terms or time to pay it back and he has no record of how much he even gave me because it was all given in cash. Could he successfully sue me for what he thinks I owe him?
2007-10-02 14:03:34 · 7 answers · asked by coffeisforclosers 2 in Politics & Government ➔ Law & Ethics
Well, heres some more background. He has an anger problem. He went as far as threatening to kill me and actually told my mom that over the phone. She filed a police report for a threat on my life. He has also threatened to tell her best friends husband that her best friend had an affair that her husband doesnt know about. He also went to my ex-wife and said all kinds of slanderous things about me, my mom, my sister, and my dad. He is constantly harrasing everyone for money that at one time he gave freely and now has flipped . Would that change anyones answer??
2007-10-02 16:31:42 · update #1
Did he loan it to you, or GIVE it to you? BIG difference there, buddy. Your real concern should be to SAVE up and pay him back; not whether or not the guy can sue you.
2007-10-02 14:43:08 · answer #1 · answered by Mistress Lucy 4 · 1⤊ 0⤋
Yes, If you were 18 at the time he gave you the money and it was given with the understanding that it was a loan. If you were under 18 the he can go after your mother to get his money back. You need to be clear on if the money was a gift or a loan because if you say "loaned me or gave me" the court will take this as a loan because you told them it was a loan in the statement. It would be best to make payment arrangements with the man to repay the money. Good luck
2007-10-02 21:15:22 · answer #2 · answered by Pamela B 5 · 0⤊ 0⤋
If there was no verbal or written agreement to pay the money back then he may have a hard time proving it was a loan in court.
However, your mom has broken up with the guy. He sound's like a real prince and such a huge loss to your Mom (insert sarcasm here). If you have the money to pay him back - pay him back, even if it was not a loan - just to get him out of your Mom's life. Continuing to fight with you about the money just gives him an excuse to remain in your Mom's life.
2007-10-02 21:11:49 · answer #3 · answered by Boots 7 · 2⤊ 0⤋
If he gave it to you as a loan, with your promise to pay him back, then the courts can enforce that. They enforce verbal contracts all the time. The only contracts that can't be enforced if they are not in writing are contracts that fall under the Statute of Frauds.
He will have to prove that he gave you the money and that you took it. If he can prove that then he will also have to prove that it was also not a gift. (i.e., there was a verbal contract where you promised to pay it back) If he can prove those two things, the court will make you pay him back. If there is no evidence, his case will be difficult to prove and they will decide on who is the most believable.
2007-10-02 21:09:55 · answer #4 · answered by Eisbär 7 · 0⤊ 0⤋
Pay the money back..If he gets hold of this question he can use it as evidence. From the sounds of it you knew it was a loan.
2007-10-02 21:21:02 · answer #5 · answered by bamaglory 4 · 1⤊ 0⤋
Yes - if the friend was nice enuff to help you out, stop being a Phuckin' arrogant loser, loser, and pay it back .
2007-10-02 21:06:57 · answer #6 · answered by Anonymous · 3⤊ 0⤋
it would be hard for him to prove he gave you any money,.....and you could always say you paid him back in cold hard cash,.....but why be a weasel about it?,.....pay him back,.....after all, would you not want your money back if you were in his shoes?,.....
2007-10-02 21:33:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋