Legal Question in Civil Rights Law in Missouri
I was given money
My friend went to jail about 7 months ago and signed his atm card out to me from the jail. He told me to spend his money so his ex wife could not get it. Now that he realizes that we are only friends...he is trying to sue me for using his money. I signed an un-notorized agreement with his ex wife to pay him back with monthly installments to get her to stop harrassing me. I do not feel i should have to pay him back. Is there anything she orhe can really do if he signed it out to me from the jail?
1 Answer from Attorneys
Re: I was given money
You were not given the money and should pay it back> Even if he gave you the card, I don't think any court would accept that he gave you right to clean out his account.
It's just not reasonable for someone to give everything to a friend just so the wife wouldn't get it while he was in jail (without expecting it to come back at a later stage), and if he claimed he did not, then a court is likely to believe him.
Further, you have already agreed that you have to pay the money back, even if the note was not notarized, clearly it is strong evidence that you knew the money did not belong to you. If you force the issue in court, you will probably be found liable, and then have to pay attorney fees and court costs as well.
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