Loan or gift?

[leanderson]

What is the name of your state? Georgia

I have a dillema: a month ago I asked my boyfriend if I could borrow $500 for a deposit for my cross country move. He agreed and gave me a check for $1500 instead, the total cost of the move. I only asked for $500 and when I approached him about paying that amount back, he ademantly declined the payment. I did not ask him for the extra $1000, and when I broached the subject with him, he stated that he wanted to do anything to help make my move as easy as possible. So is this a loan or a gift. We recently broke up and now he states that he's filing a claim against me for the money. I didn't ask for it, and never agreed to pay it back. Does he have a case?

 

[JETX]

Simply, if he files the lawsuit, he will have to prove his claim that this was a loan. Only you can know what he might have to prove this. If he can't prove that it was a loan, he should lose his claim.

You might also ask yourself... what do YOU have to prove that this was a gift and NOT a loan??

 

[I AM ALWAYS LIABLE]

What is the name of your state? Georgia

I have a dillema: a month ago I asked my boyfriend if I could borrow $500 for a deposit for my cross country move. He agreed and gave me a check for $1500 instead, the total cost of the move. I only asked for $500 and when I approached him about paying that amount back, he ademantly declined the payment. I did not ask him for the extra $1000, and when I broached the subject with him, he stated that he wanted to do anything to help make my move as easy as possible. So is this a loan or a gift. We recently broke up and now he states that he's filing a claim against me for the money. I didn't ask for it, and never agreed to pay it back. Does he have a case?

My response:

Once he testifies that the money was a loan, and it can be traced back to the date of your move, the burden will shift to you as to why he would make such a large "gift" to you. Also, the judge will ask, "Did you use all of the money for the move and related expenses?"

The fact remains, whether or not you only wanted $500.00, you did in fact TAKE the $1,500.00. If I were you, I'd make payment arrangements for the entire amount.

IAAL