no written or verbal agreement, yet he is suing me?

[jsw]

I dated a man off and on for a year. We became engaged in December. During the whole time we dated, he pushed to help me with repairs and repair bills I had in my house. I always refused. Until I needed a furnace replaced. I could get financing thru the business, but he insisted that he could get a better rate thru his bank. He told me I 'had done enough on my own in the past 3 years and that it was time I let someone help me with things. Please let me do this' 2 weeks later, I found out what a real jerk he was and returned the engagement ring. 3 weeks later, he asked when I was paying him for the furnace. We never discussed that furnace as being, in any way shape or form, a loan from him. There was no verbal or written agreement as such. Am I liable to him anyway???

 

[I AM ALWAYS LIABLE]

I dated a man off and on for a year. We became engaged in December. During the whole time we dated, he pushed to help me with repairs and repair bills I had in my house. I always refused. Until I needed a furnace replaced. I could get financing thru the business, but he insisted that he could get a better rate thru his bank. He told me I 'had done enough on my own in the past 3 years and that it was time I let someone help me with things. Please let me do this' 2 weeks later, I found out what a real jerk he was and returned the engagement ring. 3 weeks later, he asked when I was paying him for the furnace. We never discussed that furnace as being, in any way shape or form, a loan from him. There was no verbal or written agreement as such. Am I liable to him anyway???

**** U.S. LAW ONLY - PLEASE INCLUDE YOUR STATE BECAUSE LAWS VARY FROM STATE TO STATE.****

 

[jsw]

Sorry I forgot to mention..I am from Michigan. Thanks!

 

[I AM ALWAYS LIABLE]

Sorry I forgot to mention..I am from Michigan. Thanks!

My response:

Okay. Now, tell me the exact date it was purchased, and tell me the exact amount it cost, including installation; i.e., the entire price from start to finish.

IAAL

 

[jsw]

I paid 60 dollars for the initial repairman to come out to my home. That was on December 29th I believe. the furnace was installed the next day. I am being sued for 1800.00 and am assuming that was the total cost of the furnace and installation. The furnace business did not leave a bill for me after the installation and I was not home. They did call him at his home to get his Visa number etc, but I was not involved in any of that.

 

[I AM ALWAYS LIABLE]

My response:

Well, I was hoping to give you a "Statute of Frauds" defense but, with your answers, that won't work.

So, it looks like you're going to have to use the "It was a gift" defense, and hope the judge buys that argument, in conjunction with your credibility. So, make the most of it, and get your story together, i.e., the circumstances under which the "gift" was made, and all conversations you had with him about the "gift" as to why it was your belief it was a "gift."

Good luck to you.

IAAL

 

[jsw]

By 'credibility', do you mean to prove I am not backing out on some kind of agreement? I have 2 friends that have offered to come to court with me as character witnesses, they had also offered financial help over the past year and I had declined their offers as well. And I also have two other friends writing letters of character stating I am not someone that would use someone in this way. I have never been sued before and I dont really know what is expected from me here. With nothing in writing or even verbal-what kind of 'proof' can I possibly show?

 

[I AM ALWAYS LIABLE]

By 'credibility', do you mean to prove I am not backing out on some kind of agreement? I have 2 friends that have offered to come to court with me as character witnesses, they had also offered financial help over the past year and I had declined their offers as well. And I also have two other friends writing letters of character stating I am not someone that would use someone in this way. I have never been sued before and I dont really know what is expected from me here. With nothing in writing or even verbal-what kind of 'proof' can I possibly show?

My response:

The letters from your friends are useless. The judge won't even consider them because the letters are "hearsay" - - letters cannot be cross-examined, and as such, are "fundamentally unfair" if accepted by the court for any evidentiary purposes.

The testimony of your friends, in court, is likewise useless. So what if you've been "terrific" in the past? The question is, were you "terrific" as a person when dealing with your boyfriend on THIS occasion?

If the circumstances of this transaction can be believed by the judge as you "using" him, then you'll lose. If the circumstances lend themselves to show, by your credibility, that this was a "gift", then you'll be alright.

Only the judge will be able to make that decision, based upon each of your credibility, and whose story is most believable to the judge under the circumstances.

IAAL