Ex suing over loan with no terms

[Jharps]

What is the name of your state (only U.S. law)? OH

My girlfriend gave me $670 last week for a bill that I cant afford right now. It was a verbally agreed upon loan but she said no biggie and to pay it back when I can. I caught her cheating on me a couple days ago with her ex and dumped her. I still will pay the money I owe, even though she doesn't deserve it, and I never once said I wouldnt pay. Now she is saying she will sue me if I don't send her money immediately or tell her a specific payment plan that she agrees with. There were never any loans terms set up or discussed. Ever. Nothing ever signed either. Making a payment plan will give her a way to screw me if I'm even a day late! She is just pissed because I caught her with her ex. She would never have asked for the money yet if we were still together because she knows I am unable to pay right now. Can she win a case that I have to pay her right now even though the terms of repayment were never agreed on... Or win a case to have a payment plan just because she says so? This was never the agreement.

 

[Zigner]

Why don't you make a payment plan that allows for a "window?" - like "Payments due on the 1st of the month, but not considered late until the 3rd."

 

[Jharps]

Because I am not sure when I'm going to be able to pay. It will happen in a reasnible time frame, but when I took it last week (or maybe it was two weeks now. About a week and 4 days) it wasn't with the idea that I'd have to repay right now. And if I say first of the month and I can't for some reason some month then she'll have something writen that she can use aganst me! it was never agreed when I took it that it was monthly repayment plan she's just pissed. When people go to cort it's because they are refusing to pay I'm not refusing just not doing it like she wants.

 

[Zigner]

Because I am not sure when I'm going to be able to pay. It will happen in a reasnible time frame, but when I took it last week (or maybe it was two weeks now. About a week and 4 days) it wasn't with the idea that I'd have to repay right now. And if I say first of the month and I can't for some reason some month then she'll have something writen that she can use aganst me! it was never agreed when I took it that it was monthly repayment plan she's just pissed. When people go to cort it's because they are refusing to pay I'm not refusing just not doing it like she wants.

Right - you're not refusing to pay.





Why don't you borrow the money from someone else and pay her back. That way you can be rid of her.

 

[Antigone*]

Right - you're not refusing to pay.





Why don't you borrow the money from someone else and pay her back. That way you can be rid of her.

Also, her cheating on you has nothing to do with her "deserving" to get her money back.

 

[Proseguru]

she will have to prove the loan took place and of the terms ... she cannot want the $$ back early just because she got a new BF.

 

[Jharps]

Yeah I am not denying that I owe it. Most people in my position probably wouldn't pay it but I will. She doesnt really have to prove It because I am admitting it. It's just that there were no terms of the loan. None were made at all. It was a whenever you can type of thing since we were together. I just didn't know if someone could sue over suddenly requiring a 'payment plan' be made just because she all of a sudden feels like it.

Thanks for all you guys help

 

[latigo]

What is the name of your state (only U.S. law)? OH

My girlfriend gave me $670 last week for a bill that I cant afford right now. It was a verbally agreed upon loan but she said no biggie and to pay it back when I can. I caught her cheating on me a couple days ago with her ex and dumped her. I still will pay the money I owe, even though she doesn't deserve it, and I never once said I wouldnt pay. Now she is saying she will sue me if I don't send her money immediately or tell her a specific payment plan that she agrees with. There were never any loans terms set up or discussed. Ever. Nothing ever signed either. Making a payment plan will give her a way to screw me if I'm even a day late! She is just pissed because I caught her with her ex. She would never have asked for the money yet if we were still together because she knows I am unable to pay right now. Can she win a case that I have to pay her right now even though the terms of repayment were never agreed on... Or win a case to have a payment plan just because she says so? This was never the agreement.

It is a general rule of contract law that when the time for performance of a contract is not specified it is implied that the performance is due within a reasonable time.

What is a reasonable time will be determined after giving due consideration to all of the attendant conditions and circumstances.

 

[Jharps]

So who is responsable for cort costs then if she must go to cort to get this 'payment plan' specified

 

[Proseguru]

So who is responsable for cort costs then if she must go to cort to get this 'payment plan' specified

Most likely YOU .. if you are willing to go and admit the charges then you should attempt to set up payment plans ... if she ignores you then maybe HER for failure to mitigate...in fact, she might lose the entire case if she does not behave properly for this failure to mitigate.

 

[Jharps]

Okay thank you, So what if I say an amount, like $50 a month or something, and she doesnt agree to it and says she wants $200 a month or something?

So it seems like going to cort and lying and making her PROVE it does me better in the long run then being honest since then I'll have to pay cort costs. That's backwards

 

[Zigner]

Okay thank you, So what if I say an amount, like $50 a month or something, and she doesnt agree to it and says she wants $200 a month or something?

So it seems like going to cort and lying and making her PROVE it does me better in the long run then being honest since then I'll have to pay cort costs. That's backwards

It's not backwards to a person with proper ethics

 

[latigo]

Okay thank you, So what if I say an amount, like $50 a month or something, and she doesnt agree to it and says she wants $200 a month or something?

So it seems like going to cort and lying and making her PROVE it does me better in the long run then being honest since then I'll have to pay cort costs. That's backwards

You are biting the hand that fed you.

If you didn't want to be responsible for repaying the loan then you should not have accepted it.

If you wanted deferred payments suitable to your budget, you could have insisted on such a written arrangement before taking the money.

If you wish to avoid a confrontation with her, then borrow the money and be rid of her.