Legal Question in Civil Litigation in California

I met a man on a chat line orignally to pursue a relationship. I fell into some hard times and he offered to help me out it came to a sum of 2800. When he helped me he said he was giving it to me as a gift and out of the kindness of his heart but now he wants me to pay him back, I have no problem doing this but i am a single mother and i work and just got off the streets from being homeless. I have offered him money as much as i can from every pay check but since i cant pay that much at a time he refuses the money i have offered any where from 10 to 100 depending on my check and bills. He is harrassing me at work and at home calling everyday threatining to put me in jail, and get me fired everyday. i cant pay alot but im trying to pay back what was origanally a gift. is there anything i can do? Can i go to jail? How do i stop the harrassment without going to jail?


Asked on 4/11/12, 7:03 pm

5 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

How do you stop the harassment? You get a restraining order from a court. Your ex sounds like he's nuts. The actions you describe sound more like an attempt to control you than anything else. And it doesn't sound like you owe him any money at all. Situations like this are why restraining orders were invented.

Unless your ex attached conditions to it, money that "was origanally a gift" remains a gift. It's yours and you don't have to give it back. He can't retroactively turn a gift into a loan. You can return it anyway if you want to, but the law is on your side unless there are some unusual facts you haven't mentioned.

Even if this really was a loan, you could not be jailed for failing to repay it unless it appeared that you accepted the loan while intending to keep the money. That would be fraud, but it doesn't seem to be what happened.

Your ex also has no authority to get you fired just because you supposedly owe him money. People who are in debt are entitled to make a living too.

Good luck.

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Answered on 4/11/12, 7:26 pm
Rob Reed Law Office of Robert A. Reed

Jail would have been a worry in 18th century England,but no worries in 21st century California.

Restraining order if the way to go.

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Answered on 4/11/12, 7:34 pm
Roy Kohler Law Offices of Roy Kohler

I agree with the above answers. A restraining order will stop his bullying and his nonsense.

Go to Family Law Court and ask for information on getting a Restraining Order. Do it as soon as possible.

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Answered on 4/11/12, 7:47 pm
Terry A. Nelson Nelson & Lawless

He has no power to put you in jail, only sue you in civil court. Regardless of the debt, or payments, or any other issues about the money, harassment can be stopped by you filing for a restraining order. Go to the court, fill out the forms and get it done.

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Answered on 4/12/12, 12:21 pm


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