helpintennessee
Junior Member
What is the name of your state? Tennessee
Last year I was seeing someone and we were intending on getting married. She was getting behind in her bills and after we talked about it I decided to help her out. I gave her 2 checks to her directly that were considered gifts, however I also paid over $4000 in bills driectly from my bank account. I have proof of all these payments and we had agreed (verbally) that it would be better that I pay off some of her debts so that she didn't have to keep paying the interest charges and the late fees. These "interest charges and late fees" would then stay with us and they would eventually accumulate into the amount that I lent her and she would pay it back - or if(when) we got married, they could be used towards a downpayment on a house. She then broke off the relationship and has not paid me back.
My question is the gift versun loan question. In small claims court, would they consider over $4000 to be excessive for a gift and therefore conclude that it was a loan? And/or would they consider it a "conditional gift" and the condition being the future marriage, and since that did not take place, she would then owe me the money back? I'm not trying to be mean to her and I'm not being bitter, but $4000 is a lot of money and I would like it (or some of it) back.
Last year I was seeing someone and we were intending on getting married. She was getting behind in her bills and after we talked about it I decided to help her out. I gave her 2 checks to her directly that were considered gifts, however I also paid over $4000 in bills driectly from my bank account. I have proof of all these payments and we had agreed (verbally) that it would be better that I pay off some of her debts so that she didn't have to keep paying the interest charges and the late fees. These "interest charges and late fees" would then stay with us and they would eventually accumulate into the amount that I lent her and she would pay it back - or if(when) we got married, they could be used towards a downpayment on a house. She then broke off the relationship and has not paid me back.
My question is the gift versun loan question. In small claims court, would they consider over $4000 to be excessive for a gift and therefore conclude that it was a loan? And/or would they consider it a "conditional gift" and the condition being the future marriage, and since that did not take place, she would then owe me the money back? I'm not trying to be mean to her and I'm not being bitter, but $4000 is a lot of money and I would like it (or some of it) back.