Legal Question in Business Law in Oregon

Hi,

I live in Oregon. I am a single female. I had a man live with me for over 3 years, rent free. In Spring, 2010, I purchased a new house. He gave me $4000 to help with last minute closing costs. There was no written contract and no specific discussion on repayment of the $4000.

He moved out 2 months ago after an angry breakup. I just received a letter from an attorney stating that I had 20 days to repay the $4000 that I lent their client. If I do not settle the case within 20 days, they state that they are going to file a law suit and seek attorney fees.

Without any written contract and this being a " he said, she said case", what is the likliehood that I would have to pay him that money?

They also asked for $300 which he paid me as a downpayment for a cruise we were supposed to take. PRIOR to getting the notice from the attorney, I sent him a check for $1300. He had emailed me that he was trying to buy a house and was short money. I do feel that I owed him the $300 and was feeling bad for him and gave him $1000. He has not cashed that check. Will the fact that I wrote this check hurt my case? Should I stop payment on it?

Thank you,

Linda


Asked on 4/10/11, 9:53 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

s a Franchise Attorney I can say this. Without a written contract having an attorneys fee clause in it, they can't get attorneys fees Also, there's no way to tell the money was a gift (in fact, you say he "gave" you the $4k, he was a long-term, live-in boyfriend, etc.) or a loan. Even if it was a loan, there's no way to tell a due date of 20 days, 200 days or 2,000 days. The threat of a lawsuit is likely a bluff. It will cost him a retainer that's probably more than the $4k to get any attorney involved. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/11/11, 6:13 am


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