If I let someone borrow $3000 but did not indicate the breakdown of the cumulative sum of $3000 within contract, is contract still valid?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I let someone borrow $3000 but did not indicate the breakdown of the cumulative sum of $3000 within contract, is contract still valid?

In case relevant, the sum of $3000 was a random amount my ex-girlfriend and I came up with. It was based on the mortgage payments that I paid, plus most bills, for a year straight. Yes, the informal loans were due to her lack of financial help and way exceed $3000, but that’s probably irrelevant. Do I need to present receipts when I go to small claims or is the contract alone good enough?

Asked on February 21, 2011 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If there is a contract, agreement, or promissory note under which your ex-girlfiend owes you a sum of money, as long as its a valid agreement (see below), it's enforceable even without the back-up. After all, two parties can agree between themselves that one will loan or pay the other any amount.

To be valid though, there must have been "consideration" for the obligation to repay. That means the agreement to repay must have been formed *before* the money was provided to your girlfriend. If you gave her the money without first having an agreement that she will repay some sum to you, then she may be able to successfully claim that the money was a gift, in which case she is under no obligation to repay. You can't after-the-fact impose an obligation; it must have been assumed from the beginning, or at least before getting something additional of value.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption