Ex is suing me; I borrowed around £500 from her

[cider86]

so i borrowed around £500 from my ex, she said i didnt have to pay back, but i always insisted i will pay her.

but now i have a new girlfriend she is not only wanting her money back, she want to sue me for 5000 because she is angry, she know i have plans to go holiday in few weeks, she is determine that she can sue me and win and result in me missing my flight to holiday, also she is from a different country, im just wondering if she has a case?

i did offer her to pay her asap but not only she refused, she also retracted our previous agreement which is for me to go holiday and send her money from there, which i have a bank account over where im going.

so i just want to know what are her chances of succeeding stopping me going holiday in 3 weeks time if she were to get a lawyer and sue me now? and will she win at all cos i never signed any document regarding borrowing money, best she have is maybe email or phone messages.

[AFFA]

I wish to inform you that a lawsuit cannot be filed against you. In this regard the amount paid to you is the amount in the form of gift and therefore it is not required to be returned. You statement that you will return the amount is similarly a statement but this cannot change the nature of gift. Further the burden will be on you to show that amount was paid in the form of gift and not loan.

AFF

[Lexus]

- I would like to inform you that the plaintiff bears the burden of proof and must convince the judge by a preponderance of evidence that the other party is liable for the monetary damage. The plaintiff must also provide documentation that supports the value of the judgment being sought. Any supporting evidence should be well-organized and available for presentation at the time of the hearing, as this is the only opportunity both parties will have to plead their cases.

[sandyclaus]

Originally Posted by cider86 so i borrowed around £500 from my ex, she said i didnt have to pay back, but i always insisted i will pay her. but now i have a new girlfriend she is not only wanting her money back, she want to sue me for 5000 because she is angry, she know i have plans to go holiday in few weeks, she is determine that she can sue me and win and result in me missing my flight to holiday, also she is from a different country, im just wondering if she has a case? i did offer her to pay her asap but not only she refused, she also retracted our previous agreement which is for me to go holiday and send her money from there, which i have a bank account over where im going. so i just want to know what are her chances of succeeding stopping me going holiday in 3 weeks time if she were to get a lawyer and sue me now? and will she win at all cos i never signed any document regarding borrowing money, best she have is maybe email or phone messages.

First and foremost, stop giving this woman control over your money and your life. If you want to go on holiday, go. There isn't a thing she can do to stop you. Even if she filed suit against you, that would be a civil matter, and it would not prevent you from travelling, either locally or out of the country.

Additionally, if she intends to sue you, most courts require you to file in the location where the contract/agreement to pay occurred, or where you currently reside. I take it that is NOT where you are now, which means she would have to come to your home country to sue you. Highly unlikely that is going to happen.

Last, but certainly not least, if she sues, she would bear the burden of proving that there is a debt, how much that debt actually is, and that you agreed to pay her. Clearly, SHE intended this as a gift, since she never expected you to pay her back, and said exactly that. The fact that you offered to repay is irrelevant, especially when she never intended the money as a loan, but as a GIFT. Gifts are NOT loans, and are not something can be sued for not repaying.

IMHO, I really do believe that she is just pissed off because you are involved with someone else now and very jealous because of it. I seriously doubt she is going to file suit against you for anything. If she does, ask her when it changed from being a gift between romantic partners to a loan, and ask her to show you proof of the amount of the gift/loan, as well as something you signed that proves an agreement to repay. That's exactly what will be demanded from her in court, and if she can't show you, then you know she won't be able to win a court case against you.

thanks for the replies

Thing is i'm not one to take money and run away, i told her i would pay back since the beginning, i've offered her instalments but she declined saying she want it all in one go, so only way i could do that is go on holiday where my bank account is, which she agreed then retracted her statement because i decline to speak to her any longer due to the stress she is giving me and my girlfriend, I had all these conversations with her on Skype.

I also think she is doing all this due to her being angry and jealous, i haven't been able to see my family for over 6 years, i just don't want her to sue me and make me miss this chance to see my family, this is why i'm having doubts if she can actually sue me because she said she wouldn't sue if she don't think she would win, she is also saying since i have blocked her on whatsapp, phone, skype etc, she will sue me for her phone bill too since she is constantly texting and calling me from long distance.

[cider86]

^ sorry for double post, that was me, i forgot to login