Legal Question in Credit and Debt Law in New Jersey

what constitutes a loan between a couple? my girlfriend gave me a check to pay off some debt before i purchased a house for us and her kids to live in 2007. so basically she helped me out because i was giving her a place to live. we never signed any loan aggreement nor did she ever ask for repayment of money or ever said i would have to pay her back. this was in 2007. she ended up cheating on me and left the house, she also stayed in the house with her kids for over 8 months rent free not paying a dime. she moved out and i havent heard from her in a year and now i received a letter in 2010 stated i owe her for the money she gave me. she said on the check it said loan and that makes it a loan. do i need to hire a lawyer to fight this or countersue for rent or is this a bogus claim and shes being spiteful. thanks for any help or advice.


Asked on 8/09/10, 4:46 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Whether such a transaction is a gift or a loan depends on the facts. Courts tend to treat these things as gifts especially if they are coupled with a living arangement between friends. The annotation on the check is a problem but does not determine the issue. Whether or not you need the help of a lawyer depends on the amount and how much you can afford to lose. You are less likely to win your point without a lawyer but, if the amount is small, it may not be worth the cost to you. /p/ See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/14/10, 9:37 am


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