Question about possible civil suit against me

[robbyd1978]

At the time of this event I was living in the State of Maryland.

I dated this woman for about 3 1/2 years and we lived in both DC and then Maryland. Over the course of the relationship we had several bills & payments together. She also loaned me money at one point to take care of a debt. We also purchased a vehicle. When we broke up in January (2009) we estimated the amount of money at 10k. I left her everything we owned together and I also gave her $5,000. I told her I would make an attempt to pay the other $5,000 back by December of 2010. I then moved back home to New York State. I now currently make half of what I used to make and I am by no means wealthy. Lately this woman has been asking me to start paying her $200 a month to start paying her back. I politely informed her that I do not have that kind of money and that I would only be able to send her $75 a month. I did however offer to give her my federal tax return as well as a bond that I will cash out in 2010. I told her that I will pay her completely back by December 2010. I have not heard from her in 2 weeks and I know that she is now contacting an attorney. She wants money from me immediately to pay her own credit card debt.

Personal Facts:
-Nothing is in my name...no credit cards, leases, utilities, bills or vehicles. This was all a verbal loan under her name.

-I offered to pay the complete 5k by December 2010 after paying 5k in January of 2009

-She used the money I gave her in January to go on a vacation

-My grandparents have written documentation of sending her checks in her name when we were having tough economic times. (over 7k worth)

-She keeps hand written records of everything, but all it says is that I owe her money. My name is not on any official paperwork.


Please advise if you can...thanks

[xylene]

It seems that you have an agreement to repay this woman 5000 dollars before December 2010.

Now you don't mention any interest, so I assume it is an interest free loan.

The bottom line is. You owe her 5000 by December 2010.

She has no basis to sue you before then, as you are not in default until AFTER that date.

Neither her needing that money now, nor your own economic hardships change that.

If you make any partial payments, be sure you document them careful and demand receipts from her showing what is paid and owed.

[Zigner]

Originally Posted by xylene

It seems that you have an agreement to repay this woman 5000 dollars before December 2010.

Now you don't mention any interest, so I assume it is an interest free loan.

The bottom line is. You owe her 5000 by December 2010.

I disagree. I don't see anywhere that an agreement was reached as to a time-table for repayment. All I see is that the OP told his girlfriend when he would be paying it back. That is not an agreement. As such, it would revert to a "reasonable" time.

So, the question now is this: What is a reasonable time for repayment?

[Stevef]

Originally Posted by xylene

It seems that you have an agreement to repay this woman 5000 dollars before December 2010.

Nowhere is it indicated that she agreed to these terms.

It does appear, however, that OP has acknowledged the debt.

[xylene]

Originally Posted by Zigner

I disagree. I don't see anywhere that an agreement was reached as to a time-table for repayment. All I see is that the OP told his girlfriend when he would be paying it back. That is not an agreement. As such, it would revert to a "reasonable" time.

So, the question now is this: What is a reasonable time for repayment?

Sure there was. When they split, they settled up. 5000k on December 2010.

The lady is simply having remorse at having agreed to a 14 month interest free loan.

Otherwise why else did she decide to accelerate the repayment time table with the addition of the 200 a month payment...

If there was some dispute why did she not just sue for 5 k then?

By acknowledging that there is a schedule of repayment, the lady involved is acknowledging that there is a repayment date...

Indeed if one was to extrapolate from her desired payment schedule, then the poster would have more than a year more to pay off an interest free loan of 5 grand...

[robbyd1978]

Thank you for the responses. No she has not acknowledged my offer to pay her back by December of 2010. But when I left in Jan (09) I told her it would take 2 years to pay back 10k. I then gave her 5k.

[Zigner]

Originally Posted by xylene

Sure there was. When they split, they settled up. 5000k on December 2010.

Him saying it does not make it an "agreement".

[xylene]

Originally Posted by Zigner

Him saying it does not make it an "agreement".

Her asking for 200 a month now that she has credit card debt isn't a mutual agreement either.

Absent a promissory note, there is no evidence based agreement.

However one party seeking to change terms (to 200 a month rather than future lump sum) is vastly different than a demand for prompt repayment, which is an admission by the ex-GF that there was a timeline of repayment for a settlement of the 5k that both parties agree is a loan.

[Zigner]

Originally Posted by xylene

Her asking for 200 a month now that she has credit card debt isn't a mutual agreement either.

Absent a promissory note, there is no evidence based agreement.

However one party seeking to change terms (to 200 a month rather than future lump sum) is vastly different than a demand for prompt repayment, which is an admission by the ex-GF that there was a timeline of repayment for a settlement of the 5k that both parties agree is a loan.

Then we disagree. I see that asking for $200 per month is a way of trying to get SOMETHING out of the deadbeat.

I feel the ex handled this all wrong. She should have had her butt in small claims court way before now.

[xylene]

Originally Posted by Zigner

Then we disagree. I see that asking for $200 per month is a way of trying to get SOMETHING out of the deadbeat.

I feel the ex handled this all wrong. She should have had her butt in small claims court way before now.

The loan was created when she loaned him the money.

It was not due and payable suddenly on break up, unless a promissory note had that as an enforceable term...

A loan that is 50% satisfied, that is on target for final repayment with a borrower who is amicable to changing to monthly payments from a lump sum repayment is not a deadbeat.

Like it or not the ex weakened her contention of the loan as due and payable before the schedule by accepting conditional partial payment without promptly securing a a claim. She did wait 10 months.

[Zigner]

Originally Posted by xylene

The loan was created when she loaned him the money.

It was not due and payable suddenly on break up, unless a promissory note had that as an enforceable term...

A loan that is 50% satisfied, that is on target for final repayment with a borrower who is amicable to changing to monthly payments from a lump sum repayment is not a deadbeat.

Like it or not the ex weakened her contention of the loan as due and payable before the schedule by accepting conditional partial payment without promptly securing a a claim. She did wait 10 months.

$75 per month for 12 months is nowhere NEAR "on target for repayment"

Again - you and I disagree. However, we DO agree that the ex should have acted much earlier...

[xylene]

Originally Posted by Zigner

$75 per month for 12 months is nowhere NEAR "on target for repayment"

Again - you and I disagree. However, we DO agree that the ex should have acted much earlier...

The poster paid half the debt already

The poster contends he makes final payment with funds before the repayment deadline of December 2010

The creditor ex waits 10 months to demand 200 per month until the deadline of 2010.

The poster says he is willing to do 75 a month until the deadline.

Now my contention is, yes the ex did wait too long to act, and now because of that delay she has slim basis to get anything until Dec. 2010.

But since we are advising the poster, all this talk of lawsuits by his ex is sour graping and not much will come of if.

[Rexlan]

Originally Posted by Zigner

Then we disagree. I see that asking for $200 per month is a way of trying to get SOMETHING out of the deadbeat.

I feel the ex handled this all wrong. She should have had her butt in small claims court way before now.

Hummm ... you're out of character today ... are we having a bad one? I sure don't see how OP is a "dead beat". In fact, I see him as more of a stand-up guy.

OP here is some more worthless advice ... tell the girl friend that as you recall the situation that you folks are all square unless she has something to dispute that with. Wasn't the original $$ she give you a gift since you were all cozy at the time?

Because there is no agreement, note or other documentation then there probably is no legal obligation to pay her a penny. If you want to help her when you can that is certainly your prerogative.

If she wants to go totally negative then I'd accommodate her in like kind.

[Zigner]

Originally Posted by Rexlan

Hummm ... you're out of character today ... are we having a bad one? I sure don't see how OP is a "dead beat". In fact, I see him as more of a stand-up guy.

OP here is some more worthless advice ... tell the girl friend that as you recall the situation that you folks are all square unless she has something to dispute that with. Wasn't the original $$ she give you a gift since you were all cozy at the time?

Because there is no agreement, note or other documentation then there probably is no legal obligation to pay her a penny. If you want to help her when you can that is certainly your prerogative.

If she wants to go totally negative then I'd accommodate her in like kind.

Are you suggesting that our OP lie in court? Really?

[robbyd1978]

Thank you for the help. The deadbeat comment was a little off base since that person doesn't know either of the parties involved, only the facts that I stated. I gave her 5k up front and told her I would pay the rest in 2 years time. I also left everything I owned to her and started my life over...beds, furniture, tvs, car etc...

She has always lived beyond her means and took a vacation in Costa Rica with her Sister right after I paid her the first time. She is now probably in debt from credit cards, rent and car payments. But these are things that do not involve me. I understand that $75 a month does not add up, but I also said I was cashing a bond and handing over my federal tax returns to her. How is that not fair? Based on what I make I think it's fair to give 10k in 2 years time. If she won in court she would not get the money that fast.

I'm worried because she keeps excellent written records and I lost everything in the move back to NY.