Legal Question in Credit and Debt Law in Oregon
Threatened by lawsuit for gifted car
An ex boyfriend of many years purchased a car for me while we were dating. About a year after we broke up he contacted me asking me to pay him back for the car. As we had never discussed this was a loan or had any agreement, contract or security interest in the car I refused.
Recently a lawyer sent me a letter stating that he planned to collect this as a debt. I replied that it was a gift and asked for proof of debt as the letter stated I should.
I just got a letter today with a photocopy of the check for the car (from him to the dealership) and a statement from the lawyer saying that If I don't respond in ten days that they will advise their client to take appropriate legal action.
Is this sufficient proof of a debt? How should I respond?
Thanks!
1 Answer from Attorneys
Re: Threatened by lawsuit for gifted car
This is a factual dispute that you can win or lose since nothing was put in writing. I can see problems in their case as well as problems with your case. One of the problems will have to do with the Statute Of Frauds which requires that agreements for amounts in excess of a certain value (I believe it is $5,000) need to be in writing.
There's a real possibility you're going to find yourself in court defending yourself from this allegation, and you'll want to know how to best make your arguments. You may save yourself the most grief if you retain a lawyer now to reply to their letter spelling out your legal/factual arguments.
The other lawyer may not have advised his/her client about the full legal position, and may not have heard your side of the story, so it would be good to head it off.
If the ex gets a letter from your attorney he may lose interest in a dubious case.
They may also expect you to compromise this or to get you on a default judgment, so be careful -- and get a lawyer if you can.
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