Legal Question in Civil Litigation in Maine

Re: civill matter

Obviously, this is a very odd set of circumstances. I'm guessing that there are probably some other facts than those set forth in the query.

However, taking the query at its face value, it certainly seems that the payor made a gift of $6,500.00. He agreed to pay off your debt in return for no consideration, other than, apparently, some measure of friendship. He certainly seems to have made a mistake in judgment. I'm guessing that nothing was reduced to writing, so it would appear that he may have a tough sell if he tried to force you to repay him.

However, having said that, it certainly seems that he will argue, truthfully or not, that he made the payment based upon your promise to repay him. Obviously, that would beg the question of what the promised repayment terms would be, and it sounds like they were very vague.

It might be prudent to make him some sort of offer of compromise. It sounds like there may have been a misunderstanding both ways. You did enjoy the benefits of his mistake, it would probably be fair to pay him back some amount at least. You would be well served by ensuring that any payment be in a form that can be proved, i.e., a check requiring his signature.

Re: civill matter

Thank you for your inquiry. When you pay him off, have him sign a receipt that indicates it is payment in full for the debt/loan and that he releases you from any and all other claims through the date of the receipt. If you want legal representation to draft a receipt and a release, please feel free to call. Good luck.