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There is no contract or even text messages about repayment. (Until today). Thank you!
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.
Exactly no proof that it was a gift. But proof that he received money from her
No proof it was a loan either. Neither case is rock solid and being small claims the judge has a ton of latitude to decide who they believe
Exactly judge has all the latitude to decide if he should determine if it was a loan or gift. And in this case with evidence that he received money from her for “car shit” would mostly likely rule in favor as a loan.
What were the loan terms and repayment schedule?
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.
Exactly there is no proof that it was a gift either. So will come down to proof that he received money from her
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.
Can you read asshole like I’ve said before there is no proof that it was a gift. So comes down to proof that he received money from her. Have you never watched Judge Judy.