Legal Question in Credit and Debt Law in New York
questionable loan
my ex boyfriend helped me a year and and a half ago by giving me 2500. dollars...and then after stated it was a loan..he also wrote loan in the check memo....he immediately after giving me the money and cashing the check started asking for the money back. i gave him 1000 dollars and within a week gave it back to me and then a few months later paid for a vacation that we took together at his insistance. he is now harrassing me and threatening to take me to court. does he have a case?
1 Answer from Attorneys
Re: questionable loan
Based on your question, I would think that you would owe him $1500.
He loaned you $2500, proof being the writing in the check memo - which you deposited. When you delivered $1000, that was in partial payment of the loan. When he returned the $1000 to you, that was a gift. The vacation was a gift.
Therefore, since you made partial payment on the loan of $1,000, the amount owed would be $1,500.
Mike.
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