User deleted post
Thanks for replying. I hope, and believe this is the case. I just want to make sure I’m good here, as she’s been relentlessly harassing me over this today
If there's no contract stating some sort of repayment, it's a gift.
There is no contract or even text messages about repayment. (Until today). Thank you!
Without anything in writing prior to today, it would be difficult to prove an expectation of repayment. For legal purposes, don’t write anything that would acknowledge any type of repayment. Continue to maintain that it was a gift, and stop responding, if she continues file a restraining order for harassment.
I’m assuming no text or anything about it being a gift? There is proof she sent you the money so yes a very reasonable chance she can sue you for the money. But like others have said for $1000 probably won’t be worth the trouble on her part and it’s a threat. Offer yo send her $300-400 to settle all debts in text.
Bad advice. If you make an offer to repay then the court will see that as you acknowledging it was a loan.
Emu point is to settle outside of court. The court will already acknowledge that he owes the $1000
Not necessarily, it is going to be a he said she said deal and come down to who the judge believes
No it’s not she has proof that she sent him $1000 on cashapp
And he says it is a gift she says it isn't. The judge is going to decide who they believe.
Assuming the gf has no proof of a loan like OP says the court won’t acknowledge any such thing. Admitting he owes her anything is terrible advice. She can pay the fee for small claims if she wants she will have no proof of anything.
He literally said in post that she sent it by cashapp. She has proof.
Proof of it being sent is NOT proof of it being a loan versus a gift.
Can you read? Do you lack reading comprehension? I’m sorry but did you not understand anything the people above you said? They weren’t saying there was lack of evidence of him RECEIVING IT but lack of proof it was LOAN. She gave him it as a birthday present so it’s literally a he said she said situation and the more believable person will be one that wins.
Verbal contracts are a thing.
They do. So does the burden of proving one existed
That burden is incredibly low in small claims. It will literally come down to who the judge likes better
Sure, but you can't just make it up. Sounds like she won't be able to come up with a single text, email, etc and has no documentation that he began repayment.
Her best friend being a witness is hardly going to pass the sniff test.
It isn't a slam dunk case for either but especially with small claims it will boil down to who the judge believes.
I disagree, I called my brother’s bluff one time after we got into a huge (almost physical) fight while working, and he threatened to sue me over the phone and watch I had under his plan. I said “no balls” and sure enough, I was served a month later by my local sheriff. Moral of the story, don’t always call a bluff
So you weren’t giving back expensive things he paid for after a demand, so he sued you for their return or payment?
All your anecdote does is put your brother in the 1%.
In GA small claims costs $54 to file and $35 for service. And you can add the fees to your claim (although the judge doesn't have to award them even if you win). You would be surprised how many people are more than happy to risk $89 just to inconvenience you even if they know they won't win.
If you've seen enough of her disrespectful messages, print them all up and block her.
She can file in small claims court if she is serious on collecting the "debt", which I doubt.
She can only harrass you by text if you let her.
Lmao, no. Unless there’s something you’re not reporting, someone can’t do takesie-backsies just because their opinion of a person changes.
What really upset her is that we drove to my home state, and we agreed to split the costs. After the breakup she’s upset that I’m not paying the toll fees in full, but rather I paid just over half of the fees
Edit. Idk if that means anything here, but I don’t want to leave out information
Two separate transactions, imo. One has nothing to do with the other, legally.
It’s an asshole move on your part. Im guessing she wouldn’t have gone if it wasn’t because of you. Its your visit your family
I feel you, but we only drove because she wanted to come and bring her children along with her. I would’ve preferred to just fly rather than deal with a 17hr drive
How much were the tolls? Because anything under a couple of hundred I’d pay the full tolls and be done with her.
Though you only mention a “rough” breakup not the actual cause which would change my view.
It came out to r roughly $115 in tolls. I paid $65, leaving $50 to her.
The breakup itself wasn’t bad. She broke up with me, said her heart wasn’t in it and she wasn’t benefiting from being with me.
We hardly spoke since the breakup, other than a brief phone call last night was fine. This morning she reached out about paying the final $70 toll and demands I pay it in full. I paid half and that’s when things became rough and she started insulting me from many different numbers
Edit. Part of me is beginning to feel petty about all the hurtful messages she sent today, and we never agreed that I would pay the tolls so I paid my fair share and want to move on.
Does that change the situation? I do want to be done with this, she’s blocked on 5 different numbers but she was using an app to create more and more to come at me.
I’m also unemployed at the moment and do not have income, meanwhile she is doing well
If you can afford it $50 to get her out of your life it’s totally worth it. Or if you want to go scorched earth tell her to fuck off and sue.
Again, thanks for taking the time to respond. I do want to tell her to fuck off. I did say do not contact me again. I’m just wondering if I’d be screwed if she did take it to the courts, if I’d be out of luck or how it would go down
The amount is small enough that it would be handled in small claims court. Each person would be self-represented and the case would be handled by a judge.
She would have to prove that the money was a temporary loan with the intention of you repaying it. She would not be able to successfully prove this, so she would have no legal recourse to claw back the gift money. If the two of you drove back in her vehicle, she can pound sand — you are not legally obligated to pay for the tolls of a vehicle you don’t own.
Constantly harassing you, creating new numbers to continue to contact you after you’ve blocked her, etc are all clear evidence of harassment. I would start by looking up your local laws on cyber stalking, online harassment, etc. If she is in clear violation of any of these, report her to the police and ask about the steps necessary to get a temporary restraining order / temporary protection order against her. If she violates that, then she could face jail time.
she might be just bluffing to scare some money out of you. An ex roommate had threatened to sue be for $4k i never owed them😭😭 they came up with an excuse about rent i ‘never’ paid. I told them i wouldnt be pay and they can try to sue me and they never reached out again.
$1000 is going to go to small claims and it is going to boil down to who the judge believes. How much time has passed since she gave it to you? That will dictate a lot.
Hell No!
No! You shouldn’t worry about it! She is just mad!
Tell her to kick rocks! Judge would laugh at her! Plus you aren’t working so this could be fun for you kicking her Ass in court.. just saying!
No. It would cost her more to sue you than what it is worth. Also, it sounds like a he said/she said type of situation so she would not win .
Here is my thought process when it comes to the threats of a lawsuit. Until you are actually served. Take each threat of a lawsuit as an empty threat. Why? Because, like, 95%-99% of the time. It is an empty threat. I would be like. Yeah, whatever.
Let her take you bring your proof as she has to as well. If she wins then she has to get a bill collector to call you lol.
Anything given freely without a loan or written contract agreement shouldn’t be worried about however please seek a lawyer in your state for a consultation
Someone can’t take a gift back unless it came with conditions. Good luck to ur ex
The only way you would truest need to worry is if there isn't any proof that you where given it as a gift. If you have significant evidence ce it was a gift then no need to worry otherwise, it can't be prove. It was a gift
No worries, You say a gift and she say a loan. She'll have to prove it was a loan
Honestly, just pay it back. I know she said it was a gift, but it was your car repairs. If you want this relationship over, just pay it back, it's really not worth the aggravation.
I hear you. If it means anything, it truly was not for car repairs. I don’t know why she put that
People threaten to sue all the time...they probably mean it to...then they go talk to an actual lawyer and find out one of two things; one, the lawyer won't take the case because there really is no case or two, the lawyer will take the case but it will cost more than they are willing to spend.
This is small claims level, noone is talking to a lawyer
Building on what many others have said. When she has to pay $100+ to file in court, she probably won't. If she doesn't, then you can always wait to the hearing, ask for a continuance (delay), and let that delay play out, and then be willing to pay her the original amount if you want. It's easy to win a judgement, its damn near impossible to collect the judgement.
She can try but she wont win. Any judge or officer will tell her it was a gift and there’s nothing that she can do about it and they will see it as malicious intent for her taking you to court after the breakup over the money
12 missing replies
I'd bet 99% of people who claim they're going to sue someone never go through with it, and only use it as an intimidation tactic