3 years ago I bought a car. I didn't have the money, but my boyfriend "borrowed" me the money. The car title and everything was put on my name. He told me to open an account under my name and put 100 dollars from my paycheck every two weeks. However, as our relationship kept moving forward he pretty much said that I didn't have to pay him back and the money that was being saved, we used it for vacation trips. Last october I stopped putting money in the account because I lost my job. We both knew that there was only $800 dollars in the account, but we agree that after I got a job we were going to use the money to move-in together. Never for the past 2 years the "borrowed money" was part of any of our discussions and he always mentioned how happy he was that both of us owned our cars.However, 3 weeks ago our relationship crumbled and our future plans as well. I think he has met somebody else (I'm really hurt). We were together for 5 1/2 years :-( . Last night, he e-mailed me saying that he wants me to finish paying him back the "loan" he gave me. That no money has been put in the account since October (he has my log-in info for my "account") and that soon I will receive a statement of how much more I owe him. I'm in shock!! I can't believe it! There was never a written contract or anything. and the car is under my name. I don't have the money to pay him, I'm a single working mother. Can he take me to court and sue me?? I don't know what to do. I'm so hurt and desperate. Please help
He can sue you and try to recover the money, but if these are the facts, he is going to be hard-pressed to prove a loan rather than a gift. That it's not in writing is another big problem for him. Don't respond to him. If you find yourself in small claims, make sure the clerk hears all of this, and if there is any document evidence of your use of the money for trips or his agreement to use it as "move in" money, bring it. Good luck.
I am sorry for your situation. Unfortunately, he can sue you. Anyone can sue or be sued. Whether or not he will win, will be a different story. Even though there is not a written contract, he may still be able to prove that there was a contract. Evidence that you had been depositing money into an account could serve to show that their was a contract. If he does sue you, you should speak with an attorney as soon as possible.
Kati M. Amarantes
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