money given to me

[carolann]

OK This is complicated. I let my boyfriend move in with me in my new home. He gave me a deposit worth 1/2 of the small mortgage. He said it would insure his faithfullness. He has a record of being unfaithful. I found out that he cheated on me and then gave me an infectious disease. I have spent alot of money on surgery and the mental anguish has been overwhelming. He now wants his money back in full. I think he should deduct from it rent for the time he was here plus pay for my medical. He thinks he shouldn't. To tell you the truth I don't think I should give this jerk one cent. We had no signed agreements on the money. He has a copy of a money order. Can he sue me for the money and what are his chances of getting it back without a written agreement? Please Help. I live in New Hampshire.

[Edited by carolann on 01-21-2001 at 09:18 AM]

 

[JETX]

The disease and all that is irrelevant and not germaine to the issue at hand, being the money.

You need to let us know the following before we can help:
1) You said that the money was a 'deposit' of faithfulness. What were the specific terms of the 'deposit'. For example; "If I am not faithful, you keep the deposit", or "This is a security deposit on the house", etc. The terms of the 'deposit' are critical in determining the return provisions.

2) What principle or right is he claiming to the 'deposit'?

3) What agreement, if any, was entered in discussing and accepting this 'deposit'?

4) Was this 'deposit' considered a loan, a gift, or just security for something??? (I doubt if your state laws would recognize a 'deposit for faithfulness' as a valid security since it is intangible.)

 

[carolann]

The Money was given to me with a verbal agreement. He gave me the money to pay for half of what I had paid for the home. He said it was so I would have a savings account and he could feel better about living here. His name is not on the deed and no paper work was ever done.

 

[carolann]

The Money was given to me with a verbal agreement. He gave me the money to pay for half of what I had paid for the home. He said it was so I would have a savings account and he could feel better about living here. His name is not on the deed and no paper work was ever done.
He is claiming all rights to this money.
The deposit was to be considered a mutual savings account for our future.

 

[JETX]

Your original question was: "Can he sue me for the money and what are his chances of getting it back without a written agreement?"

Unless you can prove some legal basis for your claim that 'his' money can be converted to 'your' money, I feel that he has a pretty good chance of winning. Especially based on your statement that "The deposit was to be considered a mutual savings account for our future".

Basically, this will come down to one of two very simple principles... either
1) the money was his, and has been all along and he wants it back now, or
2) the funds that he deposited in the 'savings account' were a loan to you and he wants repayment.

You will need to come up with a fair amount of proof that either of these possible claims are not valid. Otherwise, he will probably win.

 

[carolann]

Doesn't his my money become my money when he gives it to me?

 

[JETX]

That is a point that you might argue at trial. Your post said, "The deposit was to be considered a mutual savings account for our future." That is not the same as what you are now claiming... that it is YOUR money. If it is YOUR's it is NOT a mutual savings account.

We are not able to help you if your version of the issues keeps changing.

 

[carolann]

I thought lawyers were suppose to truly listen to the client and be on their side...after all isn't that what you would be paid for if you were a REAL laywer??? Don't reply I won't read your uncalled for judgements of me.

 

[JETX]

I know that you won't read this (you said you wouldn't but I bet you did... didn't you???).

First, you definitely do not understand the role of an attorney. It is NOT to be your advocate when you clearly have NO case.

The purpose of this forum is clear, "It provides general legal information to help people understand their legal rights in 125+ legal topics, but is not a substitute for
personal legal advice from an attorney."

I know that you hate to hear it....
But, in my opinion, you have NO case that warrants you being able to keep the money that another person deposited into your MUTUAL savings account!!!

If you do want to pay for specific legal advice, consult an attorney familiar with your states laws and your situation.

Now, if you don't like that opinion, that is fine. In order to get a FULL refund of what you paid for this ADVICE, please click on: http://www.woeismewoeisme.com

Have a happy day!!!

 

[I AM ALWAYS LIABLE]

I thought lawyers were suppose to truly listen to the client and be on their side...after all isn't that what you would be paid for if you were a REAL laywer???

My response:

It's not a matter of us "listening" to you Carolann; rather, it's a matter of you changing your story to meet your illegal ends. We were "listening" to you, and you're obviously trying desperately to change "the facts" so you can illegally keep the money.

You obviously believe that "money" is the key to having an attorney do whatever you want, no matter what the story is that you decide. Wrong. Once a client insists on a course of conduct that is illegal, or against the judgment of the attorney, then the "Attorney / Client Relationship" is over.

If, in the judgment of the Attorney, the Client wants attorney to act unethically, then the lawyer must withdraw when a client insists that the attorney "pursue a course of conduct that is illegal or prohibited under . . . (the Ca Professional Conduct Rule) or the State Bar Act." [Ca Professional Conduct Rule 3-700(C)(1)(c) (parentheses added); see also Ca Professional Conduct Rule 1-120 (attorney cannot assist or induce violation of Ca Professional Conduct Rule or State Bar Act)]

If a Client wants an attorney to act contrary to the attorney's judgment, the attorney may withdraw where, in a matter not pending before a tribunal, the client insists that the attorney engage in conduct contrary to the lawyer's own judgment and advice, even where such conduct is not prohibited under the Ca Professional Conduct Rule or the State Bar Act. (For example, Client wants Attorney to send a letter to a third party making demands or claims the Attorney deems frivolous.) [Ca Professional Conduct Rule 3-700(C)(1)(e); see also ABA Model Rule 2.1 (lawyer must use independent judgment when representing client)]


Every once in a while, I get a client like Carolann, who suffers from the "I want what I want when I want it" syndrome. When I notice that happening, I dump that client on his or her ass out on the sidewalk.

IAAL

 

[HomeGuru]

Hey, don't talk about my former client like that!