Would it be considered a “implied contract” if they agree to pay you back via email orsocial networkmessage?

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Would it be considered a “implied contract” if they agree to pay you back via email orsocial networkmessage?

So I sent my ex $600 (while we were together) to help her with her rent cause she said she had lost her job. A little while later I found out she lied about this so I asked for the money back and she has stopped talking to me. She will not answer back to any of my messages or answer any of my phone calls. I am wondering if the message traffic between us would be considered legally binding and hold up? I also have the document from my bank with the transfer information on it from when I sent her the money. She stated in the message traffic on 2 different occasions that she will pay me back.

Asked on November 14, 2011 under Bankruptcy Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF you had an agreement made with you ex-wife that the money was a loan and she would repay it, and this agreement was made prior to actually lending her the money, then that would be an enforceable contract, and you could enforce it as per its terms--e.g. she'd have to repay you when and under the terms of the agreement. The emails, etc. would be evidence of the existence and terms of the contract or agreement.

On the other hand, if the money had been given to her as a gift--without expectation of repayment *at the time* you gave it to her--you may not be able to recover it. Gifts are normally not recoverable by the gift giver.


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