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Quote:
Originally Posted by Princessa86
The Statute is from the last activity on the account - which is your payment. That same activity also verified that this was a loan, not a gift - at least the Court usually takes the position that you don't repay a gift, no matter how much pressure the "creditor" puts on you.
By paying him, if you were out of Statute you extended the Statute.
He also has emails from you confirming both the debt and your intention to pay. Your thread indicates you owe him, can he sue you.
I think he has a very good chance of getting a judgment against you.
JudyKayTee's answer was right on the money so the only thing that we will add if your ex sues you is that you have the following two options.
1. You can file a defence arguing the money was a gift and as such is not repayable (although JudyKayTee's counterpoints on this are good and therefore this may not be a successful strategy).
2. You may file a defence acknowledging the debt and propose terms of payment. The Small Claims Court defence form is pre-printed to provide for such an option. If you file such a defence the plaintiff then has twenty days to dispute your payment proposal otherwise it becomes the de facto repayment plan.
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