Loan versus Gift

[bronzebird]

What is the name of your state? Connecticut
My ex-boyfriend had trouble paying his rent (we originally had separate aptments), I paid to the tune of $4400; wrote the checks for 4 months out to the landlord and put in the memo section "For xxxx's Rent". Unfortunately we had a verbal agreeement that he would repay what he is now calling a "gift". I have filed the papers in small claims court. Any advice on how I should proceed? I discussed loaning him the money with my parents at the time, would their testimony help? I know that this will be iffy. Thx for any help.

 

[seniorjudge]

What is the name of your state? Connecticut
My ex-boyfriend had trouble paying his rent (we originally had separate aptments), I paid to the tune of $4400; wrote the checks for 4 months out to the landlord and put in the memo section "For xxxx's Rent". Unfortunately we had a verbal agreeement that he would repay what he is now calling a "gift". I have filed the papers in small claims court. Any advice on how I should proceed? I discussed loaning him the money with my parents at the time, would their testimony help? I know that this will be iffy. Thx for any help.

Q: Any advice on how I should proceed?

A: Yes. Go to court and tell your side of the story. Expect to lose. This kind of case is probably the most common there is in small claims and the judge has already heard it all.

 

[Lisa-NJ]

Agreed!!

Bring your Check book to the Court that day!! It is a slam dunk as long as copies of Checks or Mo's are produced! The End************************************************************************************..

 

[Ohiogal]

Agreed!!

Bring your Check book to the Court that day!! It is a slam dunk as long as copies of Checks or Mo's are produced! The End************************************************************************************..

HUH? Checks do NOT prove whether loan or gift. Neither does OP discussing this with her parents. now if she had discussed this being a loan with her boyfriend and he agreed that it was a loan, then she would have something. But this is not a slam dunk in no way, shape or form based on what has been said.

 

[bronzebird]

loan vs. gift

So basically it is what I figured, it could go either way. I was hoping that someone could tell me what I should bring into court to at least give me a chance.

PS I did tell the "ex" that it was a loan and he did agree to repay me...the problem was a verbal agreement.