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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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I am going through a costly divorce and also a single parent

Customer Question

I am going through a costly divorce and also a single parent paying for her daughter to go to out of state college, so money is tight. Both my daughter and I were asked to go on a trip to Punta Cana from a man I had started to date. I thought he seemed to be decent, owned his own business, etc. After going on this trip that he said he was taking us on for my Bday, with my 18 year old daughter included. We found out he was not an upstanding person, had done time for tax evasion and had connections in prison that could make his last girlfriend damaged for life by throwing acid on her. Not only that, but he told my daughter he had been exorcized for demons. He luckily did 2 days of scuba diving on his own, we could only count the time to get back home to cut ties with him. He asked me to go to Puerto Vallarta in Oct, and that would be my xmas gift, needless to say, I let him know I do not think this will work and now he is suing me for the trip to Punta Cana, which he knew I would not go as I do not have the money, and he said it was a Bday gift. What do I do? Does he have grounds? I never agree to this.
Please Advise. Thank you!
Submitted: 2 months ago.
Category: Legal
Expert:  Legalease replied 2 months ago.

Hello there --

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How did you learn about his past? Can you get anything off the internet that might be derogatory about him and cast him in a bad light? If not, you will boil down to a case where it is your word against his regarding whether or not the trip was a birthday gift to you and did not have to be repaid -- and you will most likely have to bring your daughter to court with you to testify to that same point to the judge simply to convince the judge that you never agreed to pay for anything and would not have gone on the trip if you had known he was going to require you to pay him back for anything. If you have any emails or texts from him talking about the trip beforehand and he never mentions payment, then those will be helpful also.

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The legal doctrine on this matter holds that if something was a gift for any holiday, birthday or anniversary from one person to another then the person who made the payment has no grounds to seek reimbursement for anything if the relationship goes bad (this is similar to when an engagement breaks off and the couple fight over the return of the ring -- the courts consistently hold that if it was given as a gift for an occasion then it does not have to be returned). So, you have solid legal grounds here and so long as you can show something to the court that you never agreed to pay for anything (I believe your daughter as a witness will do), then you should have no problem winning this case against him. My feeling here is he is simply trying to scare you into either paying him back or going on the other trip with him.

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MARY