Legal Question in Civil Litigation in New York
Am I required to pay-back a good-faith loan?
2 years ago, my former fiancee lent me $900 to apply for schools and to pay some bills. While we together and engaged, she told me not to ever worry about paying her back. Nothing was signed, no consideration was given, and no repayment plans were ever agreed upon. We have since broken up. She now, 2 years later, wants the money paid back in full. I paid her back a little while we were together and have been giving her a little every couple of months. This does not satisfy her, however, and she is now threatening to take me to court if I do not pay her. My question is, does she have a case since there was no contract, no promise to repay, and no expectation to be repaid on her part? She has cancelled checks, as do I. I am a student and cannot afford to pay her more than I have been.
1 Answer from Attorneys
Re: Am I required to pay-back a good-faith loan?
You have answered the question in your title. If it is a loan, you have the obligation to repay. If it was a gift, you have no obligation. It will be determined based on your ex-fiance's intent. She waited two years to ask you for her money back. Normally, marrieds or those contemplating marriage, usually make lots of gifts. Since this was not an outlandish sum of money, you will have to argue that it was a gift and her demand for repayment is nothing more than sour grapes.
Good luck.
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