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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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My ex boyfriend is threatening to sue me he helped me when I

Customer Question

Hi my ex boyfriend is threatening to sue me for money he helped me when I was helping my mom through a fraud foreclosure case. We broke up and now wants me to pay him back. Does he have a case? I live in California and he lives in Canada
Submitted: 11 months ago.
Category: Legal
Expert:  Chris T., JD replied 11 months ago.

Hello. I'll be happy to assist you.

I can only address the US side of things (you'll need a Canadian law expert to tell you if he has a case under Canadian law, should he sue you there).

Under US law, he does not have a case. In order to have an enforceable claim, he must have a valid contract of some sort. To have a valid contract, there must be some understanding at the time the money was given that it was to be paid back. In other words, a person can't give someone else money, and then demand it back later if that wasn't part of the original agreement. If that agreement wasn't in place at the time, the courts will view it as a gift, not a loan. Assuming there was no agreement when he gave your mother the money for the foreclosure, it's viewed by default as a gift and you won't be forced to repay him.

Expert:  Chris T., JD replied 11 months ago.

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