Legal Question in Credit and Debt Law in Pennsylvania

is it a gift or a loan?

My girlfriend at the time asked me to help pay her bills.She said she didn't know when she could pay me back.I didn't put a time frame on it because we were dating.We broke up and i asked her to pay me back the $4500.She tried getting a loan and failed.She blew me off for months so i sued her in small claims after i tried reaching a deal with her.She said she is going to say i gave it to her as a gift.All i have are returned checks.I don't have a lawyer.I would like to know if i have a chance and what i can argue in court on my behalf.


Asked on 1/20/00, 5:14 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: is it a gift or a loan?

Basically, it your word against her word. The fact she tried to get a loan will work against her. If your checks state that it was a loan, that can be argued. I think you have a good case, if you can adequately present your side. Next time get something in writing promising a repayment before giving the money. That way the problem you now face could be avoided.

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Answered on 1/24/00, 4:29 pm


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