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I'm being sued for payment that i attempted to make and the person refused to take.

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should i go to court with evidence that she refused payment?

  • yes

    Votes: 0 0.0%
  • no

    Votes: 0 0.0%

  • Total voters
    0
#1
What is the name of your state? My ex g.f filed a lawsuit against me yesterday. She gave me money that she did not want returned to her when we were together. I told her i would pay her the money back regardless and she refused to accept payment, which i have text messages from her stating in her words with her phone number showing that she refused to take the money back. Now that she knows the relationship will not get fixed, she went and filled a lawsuit to get this money back from me, when i told her i did not want to hear from her again. What can i do in this situation? I dont think i should return money to her specially when she was refusing payment and now took it to court out of anger.
 


Just Blue

Senior Member
#2
What is the name of your state? My ex g.f filed a lawsuit against me yesterday. She gave me money that she did not want returned to her when we were together. I told her i would pay her the money back regardless and she refused to accept payment, which i have text messages from her stating in her words with her phone number showing that she refused to take the money back. Now that she knows the relationship will not get fixed, she went and filled a lawsuit to get this money back from me, when i told her i did not want to hear from her again. What can i do in this situation? I dont think i should return money to her specially when she was refusing payment and now took it to court out of anger.
What state?
 

quincy

Senior Member
#3
It seems to me that paying her helps you avoid court and, since you were willing and ready to pay her before, you are only doing what you intended to do in the first place.
 

HRZ

Senior Member
#5
THere have been a number of posts here that hinge on some state law s creating the presumption of a transfer among non relatives as being a loan not a gift absent clear support to the contrary ...but here we may have the exception in that apparelty GF made multiple text statements of not wanting it back and apparently OP made at least ne tender of repayment which was rejected ..
..sure reads to me as a layman that GF clearly intended it as a gift ...and it is only now,later, that she changed her mind . I think she is too late. She made a gift.
 

quincy

Senior Member
#6
It falls on ShawnDanny to prove the money was a gift. The texts can help him with his proof.

However, with gifts between romantic partners, there are several factors a court can consider in determining if a gift is revocable, once it is demonstrated to the court that the gift was a gift and not a loan.

One factor a court can consider is if a gift was "conditional" - and one condition can be the belief by the donor that the relationship would continue. When the relationship deteriorates, a gift can be revoked.

Another factor can be consideration - if the gift was in exchange for a benefit received. A benefit for the donor could be a promise to continue the relationship or the securing of the relationship.

Another factor can be unjust enrichment - if the person in retaining the gift receives a benefit that is unjust to the donor.

There are other factors.

The easiest thing for ShawnDanny to do is pay his ex girlfriend the money that he expected to and intended to pay anyway. That also works to sever the relationship and both can go their separate ways. A court action keeps the relationship alive - but in a most unpleasant way.
 
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xylene

Senior Member
#9
You were prepared to pay to make her go away... now you want to go to court. Over some obtuse principle that she was 'angry'

Don't be a chump. You liked not paying when she thought the relationship wasn't 'over', now you are on the same page, it is about her being mad?

That's kinda weak sauce bud.
 

Just Blue

Senior Member
#10
What is the name of your state? My ex g.f filed a lawsuit against me yesterday. She gave me money that she did not want returned to her when we were together. I told her i would pay her the money back regardless and she refused to accept payment, which i have text messages from her stating in her words with her phone number showing that she refused to take the money back. Now that she knows the relationship will not get fixed, she went and filled a lawsuit to get this money back from me, when i told her i did not want to hear from her again. What can i do in this situation? I dont think i should return money to her specially when she was refusing payment and now took it to court out of anger.
How much money did she "give" you? $200.00, $400.00, 20K? What does she o for a living?
 

HRZ

Senior Member
#11
i agree the most likely initial legal burden falls on OP to show it was a gift not a loan....But with several texts from GF saying there is no expectation of repayment and apparently a refusal to accept repayment when offered , it sure reads to me like GF only after the fact chose to remake a gift into a loan . Nothing is posted about this being a gift in contemplation of marriage which might be an issue in some state...and sometimes arises over engagement ring
 
#12
It seems odd the op now balks at paying it back when he claims initially it was a loan and he wanted to pay her back but she refused to accept it.

He even makes excuses now to not pay it back:

? I dont think i should return money to her specially when she was refusing payment and now took it to court out of anger.
He doesn’t think he should pay it back? That makes no sense. He CAN pay it back regardless of anything else.

The initial statement also says she didn’t want it repaid while they were together. Sounds like a conditional loan maybe much like the gift in contemplation of marriage mentioned. As with many couples they have no desire to be repaid believing the relationship will last forever. When the relationship ends they expect the debts and assets and claims against each other to be divvied up.

Anyway if op can characterize it as a gift, then she loses. If it is merely a delayed demand for payment, op will probably lose.
 

quincy

Senior Member
#13
... Anyway if op can characterize it as a gift, then she loses. If it is merely a delayed demand for payment, op will probably lose.
Well, that is not entirely true. If ShawnDanny can convince the court that the money was a gift rather than a loan, then the court will consider whether it is a revocable gift. That is when the various factors come into play and will be weighed (e.g., unjust enrichment, conditional ...).

Knowing the answers to the questions Blue has asked (state name, amount of money involved) would be nice. :)
 
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