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No Agreement

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No agreement

Guest
What is the name of your state?GA
An ex-boyfriend paid an attorney bill on my behalf in 2/03. I have not been in contact with him since 4/03. He emailed me in 6/04 saying that he wanted me to pay him the balance of the attny bill due to a high IRS bill he was faced with. I emailed him back and said that we had no agreement for me to pay him back. On 11/13/04, I received a letter from his attny stating that I owe him $5,500 and if I don't settle the debt than he will take me to court and prosecute to the fullest extent of GA law. Again, there were no verbal or written agreements. I made no promises to pay him back nor did he ask for the money to be repaid (until now). At this point, it is a he said/she said situation. How do I approach the attny? Doesn't he have the burden of proof? Not sure how to handle. :confused:
Thank you in advance!
 


BelizeBreeze

Senior Member
What proof, such as witnesses, e-mails or other proof do you think the ex has to prove that you entered into an agreement for the payment of this bill, include receipt from the former attorney in his name?

Also, and be honest, did you ask the boyfriend to pay the bill for you or not?
 
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No agreement

Guest
He said that he would contact a "friend" that was an attny to see if I should move forward with filing in the courts. He made the initial contact to the "friend" attny to explain the situation. He also made several other calls to the attny regarding the situation. At the point that I realized there would definitely be fees involved to continue, I let him know that I could not afford to hire an attny. The court situation could have been handled with or without legal representation. He insisted that we move forward with the attny and he was not concerned with the cost. After all was said and done, I gave him in cash my tax return money totalling about $1500 as a good faith measure in the situation. When I gave him the money, he said that it wasn't necessary. I would never ask someone to pay something on my behalf. I just would have not contact the attny from the beginning. In his email in 6/04, he said "sorry to surprise you but I have to raise money for a huge IRS bill". Why would he surprise me if we both thought there was an outstanding debt?
 

BelizeBreeze

Senior Member
So as I understand it you gave him $15,00 for which you have no proof. He paid an attorney to act in your behalf with no proof that you either requested nor approved of any agreement to repay the funds.

Absent a specific verbal (provable) or written agreement, there is no proof of a contract and therefore no requirement for repayment.

DO NOT ignore the letter from the attorney but I would also not respond. At a minimum, I would take the letter to a local attorney for review of all the facts (yes, it will probably cost you a small fee) and have him/her ready to respond should this turn into a court case.

Also, if it does, have your attorney ask for costs and expenses in your cross complaint ;)
 

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