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Loaned money to ex-girlfriend,claims gift

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AJF29

Guest
What is the name of your state? Florida

I was in a 1 1/2 year relationship. Almost a year into it, my girlfriend at the time did not like her job and suggested she look for something else, and asked if I could help her out by loaning her money to pay her expenses until she found another job. I agreed to lend her $2,000 per month while she looked for another job. Note that we did NOT live together at any time. her expenses were completely seperate from mine.

After 5 months of this, she finally finds a job, and a week after she starts her job initiates the breakup process. In addition, she still had a blank check from me that I had given her a few weeks before for the next month, and, even after breaking up, she wrote the check out herself for $2,000 and cashed it! O.K. She used me. Point taken. Now it is almost a year later, and she has finally gotten some of my belongings back to me (I had asked for them months ago and she had ignored my requests).

Now I have sent her an e-mail suggesting we resolve repayment of the $10,000, and that I am open to staggered payments if that will make things easier on her. No response.

Do I have a case to take to court? Every payment of $2,000 was made by check, so I have records of all of those. However, no check says "loan" and there is no other written agreement. If it goes to court, she will claim that I was giving her money just because, even though the circumstances point to otherwise. I am not bitter about the breakup, so am not pursuing this for revenge - I am very glad to have gotten out of this relationship - but I would like the $10,000 back!

Thanks for any assistance!
 


djohnson

Senior Member
It's your word against hers. The burden of proof would be on you. You have no written documentation. You continued to 'give' her money every month with no documentation and no payments ever made back to you. You can always try, but my personal opinion is your chances are slim.
 

BelizeBreeze

Senior Member
The ONLY course of action you MAY have against her is for the last check that she cashed. Unless, of course, you were ***** enough to sign. So, did you sign it blank?
 
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AJF29

Guest
No, it was a completely blank check, without my signature, which she then forged. I would think at the least that I could get that amount back. She did not have my authorization for that one as we had already broken up.

Why is that you think I couldn't get the other $8,000 back by the way? It was a loan to her while she was out of work. Do people somehow assume that because we were dating this was money she was somehow entitled to keep in some manner? Isn't there some responsibilty involved here?
 

djohnson

Senior Member
Sure but the responsibility to PROVE it was a loan belongs to you. Since neither of you have any documentation it was a loan and not a gift, it would be your word against hers and the burden of proof falls to you.
 
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AJF29

Guest
O.K. Thanks for your input! I guess I am curious who could consider it a "gift". It is alot of money, which was loaned when the other person was out of work. Are there other people out there somewhere just giving money away as gifts that causes the law to think that is common behaviour?
 

djohnson

Senior Member
yes, there are probably quite a few. A person that would have that much left over a month would think nothing of giving it to help out a friend/lover. Lots of people do it show off or impress. Just because it makes sense to you it was a loan doesn't mean you can show proof that it is. Even if it wasn't common, it wouldn't matter, the burden of proof falls to plantive and normal and common are not considered.
 
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AJF29

Guest
Well, at the least I can prove that she forged my signature on the 5th check and cashed it without my approval after we had broken up. I would think that is an almost guaranteed amount if it goes to court. The other amounts seem to be up for grabs if I can prove that it was not a "gift". And it wasn't "left over" money, I had to get it from my savings account. Is there any way to prove it was a loan without a written agreement? Other people's comments that I might bring to say it was a loan would just be considered hearsay, correct? I'm still unsure why the default is "gift" rather than "loan" in the law. Why can't the default be "loan" and the other person has to prove it was a "gift"? Does anyone have actual experience with something like this?
 

divgradcurl

Senior Member
Why can't the default be "loan" and the other person has to prove it was a "gift"? Does anyone have actual experience with something like this?
It's not that the law has a "default" that says it's a gift -- it's that the law requires the person BRINGING the action to PROVE their side. So, she doesn't have to say a word until you PROVE that the money was a -- if you can prove that to the satisfaction of the judge, then the burden shifts to her to prove it was a gift.
 

stephenk

Senior Member
consult with an attorney. The real fact that she may be facing a felony fraud charge may result in her reaching a settlement with you to pay the balance of the money she borrowed.
 
Be careful listening to these boards. There are alot of people that are no attorneys that are giving bad advice. It is not necessarily the case that there is a presumption that the loan was a gift. In fact, if there is no tendered consideration in return, why would you give $10,000 as a gift without tendered consideration in return. I believe you may be ok in proving your case. It is good you have cancelled checks. DO NOT TAKE LEGAL ADVICE FROM THESE BOARDS. CONSULT A REAL ATTORNEY IF POSSIBLE.
 

badapple40

Senior Member
djohnson said:
Sure but the responsibility to PROVE it was a loan belongs to you. Since neither of you have any documentation it was a loan and not a gift, it would be your word against hers and the burden of proof falls to you.
That is not correct. There is a presumption that the transfer of a sum of money that is not nominal is not a gift, unless proven otherwise. In other words, the burden is on her to prove it is a gift, and her assertions otherwise are not going to cut it. As an aside, when you wrote the check, what did you put on the memo line? Were you smart enough to write "loan for utils"?
 

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