What are my rights if I bought a bed for boyfriend using my credit card but he is refusing to pay me back and is keeping the bed?

Asked on March 27, 2014 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Was the bed a gift, or was the money for the bed (the use of your credit card) a loan?

If it was a gift *at the time it was made* he can keep the bed and does not need to pay you--if something's a gift when given, it cannot later be un-given, the recipientn has no obligation to pay.

If the money/use of your card was a loan at the time, which means there was an agreement that he'd repay you, you'd be entitled to the money back (but not the physical bed). To get it, however, if he won't pay voluntarily, you'd have to sue him and win (such as in small claims court). You can sue on an oral (or verbal agreement) if there is nothing in writing, but be aware that it can be difficult to win if there is no documentation or evidence of the agreement--it turns into a "he said, she said" situation, and the person whom the judge personally finds more credible will generally win.


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