Legal Question in Civil Litigation in Maine

Re: loan or gift?

Straight out gifts are just that, even if the gift giver changes their mind about it later. Support is also considered to be a gift if one is not legally required to provide that support. Boyfriends are not legally required to support girlfriends. Loans, however, even if verbal, can be required by a Court to be paid back, but as you might imagine, it is very difficult to prove the terms of a verbal loan (time to repay, interest rate, etc) without anything in writing and convince a Judge to order repayment, since most verbal loans look like gifts that someone has changed their mind about later.

Re: loan or gift?

The basic answer to your question, "Can he sue?" is yes...anyone can sue. Does he have a good basis for a suit? That is what will be litigated initially if he files suit. The question of who will win the suit depends on how the facts are presented throughout the litigation process, from the complaint (starting the case), to the answer, any motions to dismiss or for summary judgment, or any trials, should it go that far. If nothing is in writing, then it is a basic "he said, she said" situation, and the inferences in these cases tend to favor the person who is being sued, absent any agreement, either verbal or in writing, that the money was intended to be a loan. If you need further assistance, please feel free to call. Thank you for your inquiry.