Legal Question in Civil Litigation in Illinois

Repayment on money given to me.

My ex boyfriend gave me $1200.00 about two years ago. This money was used by me to pay off a credit card, by means of me depositing his check and using my bank account to pay the card. There was no contract made when the money was given to me, and it was not until after we broke up that he started contacting me and demanding repayment. He is now threatening legal reprucussions if I do not repay him. He has saved the emails that were sent back and forth between us(of him asking for repayment, which includes monetary and gift repayment), and he claims to have kept one of my credit card statements showing a payment in the amount of $1200 to my credit card. Does he have grounds to legally get this money back from me?


Asked on 9/19/06, 2:22 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Repayment on money given to me.

It is your word against his. It seems to me that if the emails, etc. did not occur until after the breakup, that there is a reasonable inference that the money only became a "loan" after the break up. On the otherhand, if he was to sue you, the court might feel that you are unjustly enriched. My suggestion is that you offer to give him $300 in compromise of a disputed claim. Make sure you obtain a release and be done with it.

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Answered on 9/19/06, 3:35 pm


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