Legal Question in Civil Litigation in Illinois
Monetary gift
An exboyfriend gave me 6000 dollars that he went on his own and got a loan for. My house was in foreclosure. I was trying to find a way to pay it and he went and did this. I told him when he gave me the money that I could not afford to pay the payments on his loan and he said he knew that. Now he broke up with me and has been harrassing me, wanting me to pay this loan. He says I have stolen from him and what Im doing is criminal. Do I have to pay him back? There is no written agreement and no verbal agreement
2 Answers from Attorneys
Re: Monetary gift
Evidently there is a verbal agreement one that says your ex gifted you the money and was not concerned about getting it back. First, there does not appear that there is anything criminal here. Your ex's only choice appears to be to file suit and hope for the best. however, until that happens, there is nothing for you to do. If he harasses you, you may want to file a suit against him and get a restraining order.
Make sure that you call the police each time he threatens you or puts you in a position where you would fear for your safety.
I hope this helps
Nima Taradji
Re: Monetary gift
I have read the other attorney's answer. First of all, without knowing what you mean by harrassing you, I would never suggest that you call the police or get a restraining order. There are different degree and interpretations of harassing. You need to be more specific.
This is not criminal so I would not worry about that aspect of your ex boyfriend's comments.
Althought there is no written agreement, it is his word against yours concerning whether this was a loan or a gift. Generally, in order to have a gift, there must be clear donative intent.
Based on the facts presented, I can not tell you whether there is clear donative intent. I am not saying that there wasnt, but you really need to see an attorney in person as there are a number of questions that need to be answered to ascertain whether there was donative intent.
Good luck!