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Richard, Attorney
Category: Legal
Satisfied Customers: 53730
Experience:  Attorney with 29 years of experience.
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I need some advice.3 yrs ago the man I was dating gave me cash

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I need some advice.3 yrs ago the man I was dating gave me cash to pay a debt. Told me not to worry about it. Now that we have broken up and I moved to Arkansas he is harassing me in texts and work emails demanding the $. He even threatened me stating someone was coming after me. Can he sue me and take my house? I don't have $2000 to pay him and I'm scared. Please help. What do I do
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. You can't prevent anyone from suing you, but he won't prevail. He can't recharacterize a gift as a loan after you break up. With no promissory note, whether this is a gift or a loan is a he said/she said situation. He has the burden of proof and he won't prevail. If he continues to harass you about this, you might save all his texts, emails and calls and file criminal harassment charges against him.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 3 years ago.
I can't thank you enough for you're assistance. There is nothing in writing as this was a gift. I may take your advice and hold onto the harassing emails in case.
I've been so stressed- if he does sue, what do I do? He lives in New York I was from jersey now in ark.?
You're welcome and thanks so much for following up. If he sues, he's going to have to sue you in Arkansas. If he does so, simply appear at the hearing....he will file this in small claims court if he does sue....and tell the court this was a gift and the guy is simply calling it a loan now because the relationship soured. The courts are used to seeing this happen and are not amused at these suits.
Customer: replied 3 years ago.

He can't sue me in New York? I thought I would have to go back.
Just to b the devil himself- IF he won by some reason could a payment plan be reached or would he have rights to my house as I own it? It is the only thing I have from my deceased parents. Also, would he be entitled to more than he gave me?
Not unless he can serve you there. If you don't go there, he can't serve you. The jurisdiction rules require a plaintiff to file suit in the location of the defendant. First, he's not going to prevail. Second, if he did, he couldn't touch your house because Arkansas has an unlimited homestead exemption. Third, the court might award him some interest if he were to prevail. BUT, he's not going to be able to prevail on your facts with no signed promissory note.
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Customer: replied 3 years ago.

Thank you!
You have set my mind at ease
You're welcome...have a great weekend!
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

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