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?
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 16:39:51 · 8 answers · asked by coffeisforclosers 2 in Politics & Government ➔ Law & Ethics
Sadly, you sue anyone for anything you want ... no matter how stupid or ridiculous it is. That having been said whether or not the court will hear a case, and, more importantly, one's chances of winning a case are completely separate questions.
Your mom's ex-boyfriend can sue you for what you have described, however, in order for him to even have a relatively remote chance of winning he would have to prove malfeasance on your part. If there was no written contract, or even a means of determining exactly how much money was exchanged between hands he doesn't have much a case, and his chances of winning would be in the 1% margin (meaning, the more likely 99% chance of him losing).
2007-10-02 16:51:41 · answer #1 · answered by blursd2 5 · 0⤊ 0⤋
This seems like a very complicated situation. It's hard to give you an answer without knowing all of the exact details. As far as "sueing" you ...I doubt he would get much out of it, since it's your word against his. But if he did give you money, you might try to make the situation better by offering to pay some of it back. I mean, the guy DID help you out a year ago, even if he's a jerk now. Maybe he feels like you've taken advantage of him. Even though he put himself in that position. My advice is to be the bigger person and tell him that you'll give him half of the money back (even if you have to pay him in installments), since you thought it was a gift. If he still makes a fuss...tell him that is the best you can do, and that's all you can't afford. You should try to make peace with him. He might be in financial trouble now, and stressed out, and making demands because he made bad choices to give people all of his money. Who knows?
2007-10-02 23:57:16 · answer #2 · answered by firebetty74 3 · 1⤊ 0⤋
This is a litigious culture. You can sue for anything, just about. Doesn't necessarily mean you'll be awarded a judgment though.
Don't be bothered trying to get a restraining order against this guy...........those are only for people that respect and live within the boundaries of the law. I bet your mom feels awful.
2007-10-02 23:48:59 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Next time he calls let voice mail pick it up and play it for the police and then take HIM to court for harassment. This is why it is not a good idea to borrow money or to not pay it back.
2007-10-02 23:57:29 · answer #4 · answered by Ryan's mom 7 · 0⤊ 0⤋
Why don't you just be honest and pay back the money? Then if he persists in harassing you then by all means file a report.
2007-10-02 23:51:48 · answer #5 · answered by peppersham 7 · 0⤊ 0⤋
well if you can prove that it was a gift, although i dont think you have to because he doesnt have proof it wasnt, then you should be fine.
about the other stuff i would suggest filing a restraining order against him. thats some scary stuff!
2007-10-02 23:45:09 · answer #6 · answered by kenny c 3 · 0⤊ 0⤋
That's terrible. Tell the police about his harassment. It's not OK.
He obviously can't sue you. Don't sweat it. Just ignore the guy.
2007-10-02 23:43:36 · answer #7 · answered by Anonymous · 0⤊ 1⤋
con sult a lawyer.
2007-10-02 23:50:49 · answer #8 · answered by jimmybond 6 · 0⤊ 0⤋