Legal Question in Credit and Debt Law in California

Ex-Fiance threatens to sue me.

Last year I was unemployed for a while after losand my ex-fiance paid my bills for several months while i was stuggling to look for a job to help me out. I never signed an agreement of any kind to repay her, we were going to be married! I figured, as did she, and she expressed it many times, ''what is mine is yours.'' Well, she eventually left me for another guy. Now that she is struggling to pay her bills she wants me to repay her the full amount she helped me with (a few thousand dollars). I told her I am willing to help her but right now im still digging myself out of a hole financially and cannot pay her 300/Month, the price she has set for me to pay her until she feels we are even. She has threatened legal action, and I guess my question is, would that hold any ground in court? Yes she did help me pay my bills while we were engaged to be married, but there was no agreement to pay her back. After we broke up, I told her I would help her pay back the money when i was able to, but I still am not able to at the moment due to my own financial mess. She agreed to that over the phone, but now she is threatening me.

There is nothing written that this was an agreement to pay back. I wouldnt mind helping her but cant at this moment


Asked on 6/18/08, 10:13 am

1 Answer from Attorneys

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Ex-Fiance threatens to sue me.

Civil Code, section 1590 often governs situations such as these. You are probably going to be obligated to pay her back if she presses this matter in court. I'd suggest you settle on an amount certain, and then pay her back in an amount that you can afford each month (more in months that things go good). Some payment without the need to sue is better than nothing. And, if you start making payments each month you'd be surprised how fast the amount you owe goes down.

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Answered on 6/18/08, 6:23 pm


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