Legal Question in Civil Litigation in Virginia

She wants payback

She gave me $2000. to put a deposit on a vehicle, we lived together for 1 year, never making any referance to the money, I left her, she demanded the money back...

without any paper or verbal agreement, does she have grounds for lawsuit?


Asked on 7/19/03, 11:25 am

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: She wants payback

If the $2000.00 was a gift to you, the gift is not returnable. If it was a loan, and she can

credibly convince a court of its terms, then you would be liable to her for whatever amount the court enters as a judgment against you.

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Answered on 7/19/03, 12:27 pm
Scott Nolan The Law Offices of Scott C. Nolan

Re: She wants payback

If she 'gave' the money to you, it might be classified as a gift, and therefore you would have no reason to return the money. If she loaned you the money, then that loan is an oral contract, and oral contracts are enforceable in Virginia.

The bottom line here is that if she can convince a Court that the money represented a loan and not a gift, you may be liable for the money, yes.

Good Luck!

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Answered on 7/19/03, 2:32 pm
Daniel Hawes Hawes & Associates

Re: She wants payback

As you will have noticed from the replies to your question, having "grounds to file suit" is not the same as having evidence sufficient to win at trial. Can she sue you, sure. Can she win, maybe. Depends on the evidence. Do you want to be sued, whether you win or lose? Why not offer half of the money back with a written agreement to settle her claims?

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Answered on 7/21/03, 10:13 am


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