meat said:
i live in the state of ms. i loaned my ex-boyfriend over $2000. he promised to pay me back, but has not. when I threatned to take him to court to said he would tell the judge everything was a gift. so, it's simply my word against his. do i have any chance of possibly getting any of my money back? i do have receipts and bank statements to show that I gave him money.
My response:
Well, you may as well take him to Small Claims court and give it a whirl. The worst that could happen is that you lose. But, on the other hand, you have everything to gain.
So, right now, you're out over $2,000.00, so you may as well try. Be prepared to explain to the judge the date of the loan, what the occasion was, e.g., birthday, and under what circumstances the loan was made, and why, at this time, you're trying to obtain repayment; e.g., was the loan made last year, and only now, since you broke up, you've decided to get your money back ? Did you ever make a written demand for repayment ?
Also, the longer your relationship, the more likely it might be considered a gift. However, if it was only, for example, a 5 month relationship, it is more likely than not that the money was a loan.
Win, lose, or draw, never give money to anyone without a written notation or memorandum signed by the other party. That way, if this problem should ever happen again, a judge won't have to guess.
Good luck.
IAAL
