Approximately two years ago, I asked my (then) boyfriend for financial help and he deposited $5000.00 into my bank account. I offered to pay him back, but he said he was happy to help me and was not expecting to see the money back. (I had helped him financially in the past and never asked back for the money.) He is now sueing me in Small Claims court, but all he has is the returned cheque from the bank. He has never asked me for the money until now and there is no written agreement regarding this so called 'loan'. I am shocked at this sudden change of mind. Who has the burden of proof and what are the chances of him succeeding?
Trying to convince a judge that money received was a gift and not a loan is very difficult. Judge's hear this argument all the time and as a result I believe their initial reaction is often one of skepticisim making it difficult for honest defendant's to be taken seriously.
Your ex-boyfriend needs to prove he gave you the money - and he can with the cashed cheque.
You need to prove it was a gift and not a loan. In the absence of a card that accompanied the gift of money your best bet is to make the judge aware of all the times you gave your ex-boyfriend money and that as part of the relationship money flowed freely back and forth between the two of you.
You may also want to consider bringing a counterclaim for all the money you gave him, however, if all bets are off with respect to "gifts of money" then he may be the ultimate winner if the amount he gave you is larger than what you have given him.
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