What can I do if my ex-boyfriend gave me money to pay off my credit card bills while we where living together and now he wants the money back?

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What can I do if my ex-boyfriend gave me money to pay off my credit card bills while we where living together and now he wants the money back?

He is taking me to court, what can I do? The credit card debt was incurred while we were in a relationship. He gave me the money 2 years ago.

Asked on September 29, 2011 under Bankruptcy Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue of whether you need to repay him or not will turn on what were the terms and conditions *at the time* he gave you the money. If the money was a loan *when it was made* and you were expected to pay it back, you have to repay it according to the terms. But if it was a gift at that time, he may NOT look to get it back now; a gift, once given, may not after the fact be converted into a loan.

You have three choices if sued: 1) defend the suit--that is, get whatever evidence you have (even if it's just your own testimony) that you don't owe the money and present your case in court, either with a laywers help or on your own, as a pro se litigant; 2) pay the full amount demaned; or 3) try to work out a settlement to pay some of the money--and again, either with a lawyer's help or on your own.

You need to bear in mind how much money is involved: for a few hundred dollars, it may be best to pay (either all at once, or work out a payment plan); for a few thousand, you'd definitely get a lawyer; for in between, you might try to work it out or defend the case yourself. Good luck.


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