Legal Question in Civil Litigation in North Carolina
Loaned money to ex-girlfriend
Over two years, I loaned my ex-girlfriend many thousands of dollars. Because I trusted her, I never made her sign a contract. After we broke up, I asked about repayment of the loan. Now she is claiming that it was a gift. It was not. I managed to get her on tape admitting that it was a loan and she has no intention of repaying. However, since the loan was a series of payments over a long period of time, I have a feeling I'm going to have difficulty proving my case. Do I have recourse?
1 Answer from Attorneys
Re: Loaned money to ex-girlfriend
Be very careful about that tape. If you were in California when you made it and if your girlfriend did not know she was being recorded, then making the tape was probably a crime. If you hope to sue her in California, the tape would be inadmissible for any purpose. However, if you are prosecuted for making it, it would be admissible against you.
Having said all that:
The fact that your ex claims the money was a gift does not bar you from filing a lawsuit. It's fairly common for a plaintiff to claim that the money in dispute was a loan while the defendant claims it was a gift. Courts can resolve disputes like this, though they don't always get it right. You have not provided enough information to know whether the two of you had a valid contract, whether she breached it or when the breach occurred.
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