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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55700
Experience:  Lawyer; developer/owner of RE developments.
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I owe a person 800$ there was no signed contract. I am

Customer Question

I owe a person 800$ there was no signed contract. I am willing to pay her 400.$ for paying a electric power deposit no problem with that. However, I told her I didn't won't her money but she insisted do I owe her the rest she is harassing me and can she garnish my paycheck
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? In what state are you located? Is there any evidence that she advanced money in some way? And, if so, is there any evidence that this was a loan rather than a gift? Thanks.

Customer: replied 1 year ago.
Ok. I have 2 children that was present. I agreed to pay her 400$back. But the rest I told her no she done it anyway. My daughter is20yrs. Old my son is 14. They was hear when she offers the money. No signed contract
Customer: replied 1 year ago.
I'm sorry Kentucky. Letcher county
Customer: replied 1 year ago.
We're dateing was dateing
Customer: replied 1 year ago.
It's not a landlord
Customer: replied 1 year ago.
Are you there
Expert:  insearchoftheanswer replied 1 year ago.

Yes, I'm typing your response. Thanks for your patience!

Expert:  insearchoftheanswer replied 1 year ago.

Thanks so much for your quick reply. She's going to have a hard time with this. One, before she can do anything, she would have to file suit against you and be awarded a judgment. Two, if she were to file such a suit, she would have the burden of proving that this was a loan intended to be repaid and not a gift. In personal relationships, courts are not amused that when a relationship ends, one of the parties tries to recharacterize what was intended as a gift as a loan. It becomes a he said/she said situation and since she has the burden of proof by bring the suit, she's not likely to win the suit.

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