Legal Question in Family Law in Florida
Money owed to ex girlfriend
Hello,
My ex girlfriend is persuing me for money owed through a series of events when we were a couple. It was for a camera that she purchased on her credit card over the internet and expected me to pay her back at the time. Is there any way I can send the camera to her as repayment, or claim that she did this as a gift?
Here is her email to me:
Although there is no written contract between us, Anthony, I am certain that the historical facts can demonstrate that this debt was to be repaid and not forgiven. Pursuant to your question in your response email dated February 24, 2008 regarding proof which demonstrates that this is a �valid debt�, please find the enclosed documentation: 1. A copy of my account statement which demonstrates the deduction in the amount of $875.00 for the cost of the camera;
2. A personal check from you (to me) which was returned due to insufficient funds;
3. A copy of letter from my bank regarding your checking account having insufficient funds to cover said check (of which I am seeking reimbursement for as well).
Thank you for your help!
2 Answers from Attorneys
Re: Money owed to ex girlfriend
Once you decided to attempt to pay her money, you in essence acknowledged it was a loan rather than a gift. Paying with a bad check sets you up for potential restitution fees as well. If she takes the camera that solves the problem. If not, you would find yourself in a vulnerable court position.
Re: Money owed to ex girlfriend
Normally, these types of things are presumed to be gifts, not loans, especially when they occur in a romantic context. But since you wrote her a check, she may be able to prove that the intent was for you to borrow the money from her, not for her to buy the camera as a gift to you. She may have you on this one.
In fact, if she gets smart and follows the bad check statute properly, you could be liable for four times the amount of the bounced check plus bounced check fees and court costs.
Offering her the camera as settlement may not be a bad idea, if she'll take it. You probably don't want to end up in court over this one.
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