I may be getting sued...help!

[irelov]

I just recently found out that an old boyfriend is going to sue me for money that he gave me. The total is about $5000.
$1500. of it was to help me move from TX to CA where I am originally from. The additional money was to help me pay off bills that were about to go to collections. When I moved back to CA, it was for him and when I got back he did not want me to work so that I can spend time with him (he is an extremely wealthy man). So, after many arguments about me working, I decided to please him and not get a job. He told me he would help me with my bills and that I could work with him to earn money. However, bills piled up and i managed to get into some financial trouble. I felt very strange about asking him to help me pay my bills as he promised. So, I let it go. Our relationship starting going sour because he was becoming very controling. At this time, I was starting to become depressed due to my financial situation and he wanted to know what was wrong and I wouldn't tell him. After a couple days of him trying to find out what was wrong I finally told him that I am in serious financial trouble. He said he wanted to help me with my bills. At first I turned him down but he insisted and said that the money was nothing to him. So, I accepted his offer and told him that I would pay him back somehow, but he said it was no big deal and it was something he wanted to do. Shortly after receiving the money our relationship ended. And a few months later, he called me asking about the money. I was shocked and completely caught off guard because he told me not to worry about it. So, I didn't. I told him I just started working and that there was no way I could pay him back now. So, it was left at that. A few months after that he brought it up again and he said he didn't care when I paid him back just as long as I did. And again, months later he asked about it and at that point I told him I didn't think I needed to pay him back and explained my reasons why and he replied, I'll see you in court. That was almost 8 months ago. And I had not heard anything! And now, he just found out that I am getting married from a mutual friend and he's back on his rampage. He told this person he's going to hire an attorney and take me to court. My question is, is there anything that I can do? We never signed any documents stating that the money was a loan nor did we have any documents stating it was a gift. It was all done verbally. We were dating at the time, we would have casual conversations about it. The only thing is that he wrote out a check to me for $3500 and on it, if I could remember correctly, he wrote "loan" in the memo section. There were many other factors that are involved that I would consider to be on my side but nothing was on paper. Help!! This man is a rich bitter man that is upset with me because I would not be his little trophy girl and now he's going to try and get me back for it.

 

[JETX]

Wow, so many words to say only, "I got $5000 from someone and part of it was a check for $3500 with the notation "loan" on it, he now says the money was a loan, I say it was a gift, he is demanding payment or will sue. What can I do?"

Answer: This is going to simply be his evidence (and testimony) against your evidence (and testimony). If he is able to show the court "with a preponderance" (meaning 50% plus 1) that the moneys were a loan, he should win (and with your noting that the check was marked "loan", his case is fairly solid.) However, if you can convince the court that the money was gifts, or counter his claim of loan, then you should win. Really pretty simple.

 

[irelov]

That's exactly what I figured. Darn! This is sooo frustrating. I don't have any evidence that he told me it was a gift. And, he doesn't really have evidence that he didn't say it...but he does have the check! I wish I would have been more careful about receiving a check that said "loan" on it after discussing it being a gift or "something he WANTED to do for me"! This may sound silly, but, is there a way that I can counter sue him for all the expenses that I incurred in my move to CA (which was for him). I don't want to have to do that but if he is going to play dirty, than I want to do the same. I do have proof of moving expenses and fees that I had to pay to get out of my apartment lease, etc. What do you think?

 

[I AM ALWAYS LIABLE]

This may sound silly, but, is there a way that I can counter sue him for all the expenses that I incurred in my move to CA (which was for him).

My response:

As an adult, you're correct - - it is silly. And that's because a court of law is not going to intervene on an "adult decision" that you made. It doesn't matter that he begged, cried, cojoled or threatened you to move to California, because in the final analysis, it was your decision to do so. As long as he didn't hold a gun to your head.

IAAL

 

[irelov]

Arrrggghhh! This whole thing just sickens me. But, as it looks...this is going to be a very expensive lesson learned here. I just wish there was something I can do to avoid having to pay him this money. It's just not right! Why is he waiting 1 1/2 years to do this? Why now? WHen I am trying to plan my wedding? Sorry about all the additional info, I am so frustrated by this and I don't know what to do. I guess I am just going to have to go to court and be as honest as I possibly can be and hope that the judge sides with me and if not, I have learned a valuable lesson.

 

[JETX]

Ah, grasshopper. You have finally learned the secret to grasping the stone from my hand. (ALWAYS, ALWAYS, GET IT IN WRITING. Even if you have to turn the nightlight on first!)

 

[I AM ALWAYS LIABLE]

Even if you have to turn the nightlight on first!)

My response:

I would wholeheartedly agree with this statement of truth and law; however, only do so if he doesn't have a case of the "Terminal Uglies".

IAAL