Legal Question in Civil Litigation in Indiana


My husband and I had a friend who offered to pay some of our bills and purchased us cell phones, & he is now suing us for the money he paid for these items. We DID not sign any type of agreement that we had to pay anything back, and never even discussed a payment arrangement to pay him back. We were told by this friend he was doing it to help us and our family. I just received a summons at my office yesterday that he now is charging me money for court costs, plus a activation and early termination fee for a cell phone, bond for husband when he was incarcarated, a gas bill he paid, gas he put on his credit cards for our vehicles. I am very worried about this, but have been told since my husband and I have not signed anything, we cannot be accountable for anything. Is this true? I am not sure what to do.

Asked on 10/07/08, 10:34 am

3 Answers from Attorneys

Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Civil

You should consult with an attorney because oral contracts are binding.

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Answered on 10/07/08, 1:24 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Civil

Be practical. He is going to testify that there was an agreement to repay the money. It is his word against yours and unless there is more to the story, there is no reason to beleive that he intended the payment as a gift.

You have good cause for being concerned.

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Answered on 10/07/08, 5:18 pm
Samuel Hasler Samuel Hasler

Re: Civil

Pay attention to what the others have said. There is a lawsuit for money lent. Even if it is a small claims suit, take the papers and talk to an attorney.

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Answered on 10/07/08, 9:18 pm

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