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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29591
Experience:  Lawyer
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My girlfriend was dating her old boyfriend years. During the

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My girlfriend was dating her old boyfriend for four years. During the course of the relationship He loaned her 3,000 to buy her trailer. About a year later they broke up and she told him (via text message) she would pay him back when she sold the trailer. He texted her back saying he didn't want the money he only wanted her to be happy. She still didn't go back with him and he began driving through her neighborhood (he lives about 40 minutes away from the trailer). She was afraid of him and after a few months moved in with me. She took a leave of absence from work (due to her grand daughter having heart surgery) and one day her work called to say a woman came in asking for her address as she wanted to send a sympathy card because she heard her grand daughter died. They described a woman who looked like the woman dating her ex boyfriends brother. They didn't give her the information. He apparently then drove through the neighborhood and saw the for sale sign at the trailer and went to her neighbor Ted. He told Ted she owed him a lot of money along with some bad stories about her and asked for her address. They refused to provide it. Last week she received a call from a number claiming to be a tax collector for the conestoga valley school district who needed her address for unpaid taxes. Foolishly she gave the address. Today we received a letter from the district magistrate he is sueing her for the money. She is afraid and just wanted to pay him but I told her to hold on a minute, after all he texted her he didn't want the money. My question is does she have a case? What can she do?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that all of this happened.
When he told her to keep the money, the loan become a gift. A gift is irrevocable. That means that she can go to court, show the text where he told her to keep the money, and the judge should rule in her favor. She CANNOT ignore the lawsuit - that's important, because she'll automatically lose if she doesn't reply at all.
With that said, a person who believes they have a legitimate claim for money against someone is allowed to sue them. It's not illegal for him to talk to people to try to get her address or phone number. However, if the stories he told about her were untrue, she could file a counterclaim against him for Defamation of Character. Defamation is designed to protect someone from having their reputation damaged.
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