I have been struggling with my rent and my boyfriend at the time helped my out with 1 weeks rent, I didn't ask for this money he offered and I accepted. We had an argument that night and he was drunk and called me names and I broke it off with him. He has been demanding the money back since. I don't have this money to give back to him as I am broke. I think he may take me to the small claims, but there is no proof that he gave me this money and as I said he offered to help me out, I didn't ask.

Well, this post is "proof." Haha. But if he gave it to you with no intent of getting that money back, it sounds like a gift to me. If you are worried about him taking you to small claims, just pay him back when you get the money and tell him you intend to do so.

I'm by far no expert in law, but I can see little reason to take you to small claims. That is unless rent where you are is several times more than where I am. Haha.

How much did he "loan" you?

Faded master, this is a legal board. Let's stick to giving legal advice. ;)

Quote:

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Originally Posted by FadedMaster

Well, this post is "proof." Haha. But if he gave it to you with no intent of getting that money back, it sounds like a gift to me. If you are worried about him taking you to small claims, just pay him back when you get the money and tell him you intend to do so.

I'm by far no expert in law, but I can see little reason to take you to small claims. That is unless rent where you are is several times more than where I am. Haha.

How much did he "loan" you?

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We take great pride in our answers on the legal boards - please only post if you've researched, have experience or education in the law.

This isn't a chat board and "ha ha" is out of place.

OP - as far as the question is concerned you don't say it was a gift. If it was not a gift, you owe him the money, whether you broke up or not and despite the circumstances of the breakup. Your own words say you owe him money.

Will he take you to Small Claims Court? He might, to prove his point. At that point you will argue "gift" and he will argue "loan" and a Judge will decide.

It might just be easier to pay him and get him out of your life - if that is what you want.

Ok, it is a legal board, but the post gave me a laugh, needed that today

This is the issue,
If he gave you the money as a git, then you don't owe it back

If he loaned you the money, you owe it back.

You should not of course lie in court under oath about receiving the money