My jurisdiction is: ID
I recently received a small claims summons from an ex-boyfriend, $ 4, 183. Claim: She has failed to make payments on her share of a loan that we went in on together. I need to file my response a.s.a.p.
He and I did live together for 6 months and dated for 14 prior. He purchased a motorcycle for me as a gift in July 2007. I have several witnesses who can attest to this. The total price was $1,000 as there were issues with it. I have since repaired those. He took out a loan in his name to purchase this and modify his motorcycle. My name is not on this loan. His name is not on the title of this bike. We have no written contract, obviously, because it was a gift. We had plans to marry, but, there were some serious issues leading to our break-up.
While we were together, he experienced some significant financial hardships (DUI, A/C unit replacement, car issues, then Furnace replacement). As his partner I took over half of the above loan and other various household bills to help out. I did end up leaving him due to escalating anger/rage issues, alcohol consumption, punching holes in walls, delusional thoughts, etc. I felt threatened and moved on. I have children and this was not acceptable.
My children and I stayed with a friend (my belongings were still in his home) until I purchased my own house. I continued to make payments as he was calling me at work, yelling at me in social settings (live in a smaller community), and was trying to placate him out of fear. Plus, I did not want to lose my possessions.
Long story short…I paid him until October. Frankly, I paid far more in the relationship and gifted as well. Plus, I have paid at least what he paid for the bike. However, I cut my losses and as an adult moved on. That's life. I did start seeing another man last summer. At that point, the ex's demands for money got out of control. He would interrupt me, physically grab my arm and yell at me. Pretty much harassing me everywhere I saw him. (We volunteer for the same organization).
Anyway, I finally wrote him a letter asking him to not contact me as he was harassing me. I gave him an address to contact to "discuss this". There were 2 letters exchanged between he and I, which I have. Now the small claims. I don't want to engage in hearsay. I don't want to go through my bank statements or gifts to him. I know he came out way ahead and it is part of taking a chance and moving on. Life.
SO:
1) This was a gift.
2) He claims I agreed to pay him back as evidenced by checks I wrote to assist with bills.
3) There is no written contract (statute of frauds).
4) The loan is in his name.
5) The motorcycle is titled only in mine.
6) The amount he is asking is for half of a loan he took out which has nothing to do with what was gifted or the bill of sale on the bike.
7) I am scared of him and if he doesn't get his way, this will never stop. Frankly, part of the reason I continued "helping" him after we broke up was because it eased the harassment, scenes, and comments he was/continues to make in public about me. I am in a corner and feel that I should pay him what delusional figure he is offering to get him off my back.
8) What usually happens in a case like this? Because I "paid" him does that make me responsible for a "verbal contract"?
I recently received a small claims summons from an ex-boyfriend, $ 4, 183. Claim: She has failed to make payments on her share of a loan that we went in on together. I need to file my response a.s.a.p.
He and I did live together for 6 months and dated for 14 prior. He purchased a motorcycle for me as a gift in July 2007. I have several witnesses who can attest to this. The total price was $1,000 as there were issues with it. I have since repaired those. He took out a loan in his name to purchase this and modify his motorcycle. My name is not on this loan. His name is not on the title of this bike. We have no written contract, obviously, because it was a gift. We had plans to marry, but, there were some serious issues leading to our break-up.
While we were together, he experienced some significant financial hardships (DUI, A/C unit replacement, car issues, then Furnace replacement). As his partner I took over half of the above loan and other various household bills to help out. I did end up leaving him due to escalating anger/rage issues, alcohol consumption, punching holes in walls, delusional thoughts, etc. I felt threatened and moved on. I have children and this was not acceptable.
My children and I stayed with a friend (my belongings were still in his home) until I purchased my own house. I continued to make payments as he was calling me at work, yelling at me in social settings (live in a smaller community), and was trying to placate him out of fear. Plus, I did not want to lose my possessions.
Long story short…I paid him until October. Frankly, I paid far more in the relationship and gifted as well. Plus, I have paid at least what he paid for the bike. However, I cut my losses and as an adult moved on. That's life. I did start seeing another man last summer. At that point, the ex's demands for money got out of control. He would interrupt me, physically grab my arm and yell at me. Pretty much harassing me everywhere I saw him. (We volunteer for the same organization).
Anyway, I finally wrote him a letter asking him to not contact me as he was harassing me. I gave him an address to contact to "discuss this". There were 2 letters exchanged between he and I, which I have. Now the small claims. I don't want to engage in hearsay. I don't want to go through my bank statements or gifts to him. I know he came out way ahead and it is part of taking a chance and moving on. Life.
SO:
1) This was a gift.
2) He claims I agreed to pay him back as evidenced by checks I wrote to assist with bills.
3) There is no written contract (statute of frauds).
4) The loan is in his name.
5) The motorcycle is titled only in mine.
6) The amount he is asking is for half of a loan he took out which has nothing to do with what was gifted or the bill of sale on the bike.
7) I am scared of him and if he doesn't get his way, this will never stop. Frankly, part of the reason I continued "helping" him after we broke up was because it eased the harassment, scenes, and comments he was/continues to make in public about me. I am in a corner and feel that I should pay him what delusional figure he is offering to get him off my back.
8) What usually happens in a case like this? Because I "paid" him does that make me responsible for a "verbal contract"?
