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Ex-Girlfriend Wants Her Money Back

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T

tiquillo

Guest
I'm in New York. In Mar 2002 my current girlfriend "gave" me $2000 dollars. In Apr 2002 we broke up. I never signed a contract, but I did send an email in Apr 2002 which said I would pay her back whenever I had the money. Aug 2002 her attorney called me saying he would start a collection against me. I advised her attorney it was a "gift" and as such she is not entitled to have the money back. Being that there is no written contract, no consideration, no receipt, just that email - how would a Court view this case? On what possible grounds could her attorney try to enforce this so called "loan"?:confused:
 


K

knorris

Guest
tiquillo said:
I'm in New York. In Mar 2002 my current girlfriend "gave" me $2000 dollars. In Apr 2002 we broke up. I never signed a contract, but I did send an email in Apr 2002 which said I would pay her back whenever I had the money. Aug 2002 her attorney called me saying he would start a collection against me. I advised her attorney it was a "gift" and as such she is not entitled to have the money back. Being that there is no written contract, no consideration, no receipt, just that email - how would a Court view this case? On what possible grounds could her attorney try to enforce this so called "loan"?:confused:

If the money was a gift why would you e-mail her and state that you would pay the money back ? Makes no sense and chances are a judge will make you pay it back.
 
T

tiquillo

Guest
Promises are not legally binding contracts, right? If that were the case I can counter sue since she promised me that she would give me another $1500.

As far as why I said I'd give it back, let's just say you say stupid things when in the heat of an argument.
 

JETX

Senior Member
"Promises are not legally binding contracts, right? If that were the case I can counter sue since she promised me that she would give me another $1500."

You don't get a clue do you????
She obviously LOANED you this money, otherwise why would you make a promise (via email) to pay her back???
And your attempt to now 'play games' with a counter-suit, shows that you have no idea what you are doing.

Pay her the money.... because if you let this get to court, you WILL lose and then owe her that money plus attorney fees, plus court costs, plus interest!!!

Oh, and if she does sue you, please go ahead and file your countersuit. The court probably needs a good laugh!!
 

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