If a company bailed you out without a contract or signature from you saying you will pay them back do you owe them the money

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If a company bailed you out without a contract or signature from you saying you will pay them back do you owe them the money

My husband was arrested and chose to
serve the two weeks we could not afford
bail or to ever pay someone back for a
loan to bail him out his friend/boss
chose to bail him out with only 4 days
left to serve… just to finish a job
for the company..my husband told him he
did not ask him to do that and did not
consider it a loan…this was over a
year ago now he has quit he put in his
two weeks his boss wants his money back
he wants to hold his last check or sue
us for the bail mone.can he do this with
no signed contract with the so called
loan?

Asked on July 25, 2019 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The labor commission is correct--he can't legally hold the check. And while they are also correct in that he could *try* to sue for the bail money, based on what you write, he has no legal basis to force you to pay and would lose. Paying money voluntarily for a person, like buying them a gift, does not obligate them to repay you: they only have to repay if, before you paid the money, they agreed to repay (thus entering into a contract, whether oral or written, under which in exchange for making the payment for your husband, he agreed to repay them). Without an agreement in place, you do not have to repay what someone voluntarily pays for you or spends on your behalf.


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