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.

I disagree with Justice Matters.

Judges don't necessarily believe him.

Present the FACTS to the judge, and be honest and truthful.

Explain that this 5,000 was given to you TWO years ago. In TWO years, you never made one single re-payment. Why? Because it was a gift.

He didn't start calling it a loan until AFTER you broke up. Why? Because he is hurt and it is just a gift and he is being vindictive.

Tell the Judge the TRUTH.

If the Judge believes YOU over him, YOU will win.

Be honest, be upfront, truthful, and explain how you 2 broke up and now its being called a loan when in fact it was a gift over 2 years ago.

Who gives a loan and expects no repayment whatsoever for 2 years?

Totally agree with captain forest. Who makes a loan and doesn't expect to be paid during two years? There would have been some intermediary mention of the 'payment terms' during this time. So, yeah.. tell the judge the truth. There was never any agreement to pay the money back. He never asked for terms. You never asked for a loan.

This is from 2007 - I'm sure the problem was resolved a long time ago.

I also don't agree with your legal advice. It would have come down to what a prudent person would have done - a gift of $5,000 or a loan? I also note that the word "cheque" indicates that is NOT in the US.