Legal Question in Credit and Debt Law in California
money gift
My ex boyfriend, gave me money for
my car. He wrote a check for some
20K to my dealership when my lease
expired. He told me that I shouldn't
worry about as in ever repaying him,
and enjoy my car. Now, some 6 wks
later, he wants the money back. He
told me it was a gift but now says it
was a loan. If I had known that I
owe him the money, I would never
agree to for him to pay my car
dealer. There was no note about it
being a loan. I was convinced it was
a gift. What are my rights? Can he
sue me?
3 Answers from Attorneys
Re: money gift
If it was a gift, he cannot take it back. If he sues you and says it was a loan, you will have to defend by saying it was a gift. That will be an expensive pain in the neck if it happnens.
Did anyone else know it was a gift? Did he comment on the gift to anyone else? Did you thank him for the gift? Any circumstances which are consistent with your claim that it was a gift will bolster your argument if you are ever forced to make it.
Re: money gift
If he sues you, he will have the "burden of proof." In other words, he will have to prove it was a loan. If you told anyone it was a gift, if he told anyone, or if anyone overheard you, then you need to talk to those people to get evidence to support your claim of a gift and refute his evidence.
Re: money gift
Also, since he won't be able to get attorney's fees if he sues, a lawsuit against you could cost him in legal fees as much as the supposed "loan" is worth. It might not be worth it for him to sue you for the money.
You might suggest that you mediate the dispute if you want him out of your life and are willing to pay him something.
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