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purpletelescope

Small Claim Against Ex

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I lent my ex $5000 for a breast augmentation. It was money that I had received from a retirement fund. She had originally told me she planned to pay me back $150 per month until I was paid in full. I called the doctors office and paid the $5000 over the phone with them, so I have record of it on my bank statement. Since April 30, 2014, the date of the surgery, I have not seen any money from her. A year after the surgery she broke up with me because she wanted to see other men. As I had loaned her all of the money I had to my name, I continue to live paycheck to paycheck as I have given her all of my savings. She is now claiming that I gave her the $5000 as a gift for the surgery and that she does not have to pay me back. Do I have any legal standing here? Do I need more than just proof of payment through my bank statement if she is going to lie and say I gifted her the $5000? I want to take her to small claims court, but I am worried that because I have no written contract, I will be left with nothing.

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Do I need more than just proof of payment through my bank statement if she is going to lie and say I gifted her the $5000?

 

Of course you do.  It doesn't sound like there's any dispute that you actually paid for the boob job, but proving that you did so doesn't bear one way or the other on whether it was a loan or a gift.  You say it was a loan; she says it was a gift.  How could anyone possibly determine which of you is telling the truth and which of you is lying?  Since you'd be the plaintiff in a lawsuit, you'd have the burden of proof.  If you say loan and she says gift and you don't have anything else to corroborate your testimony, you can't meet your burden of proof.

 

 

 

I want to take her to small claims court, but I am worried that because I have no written contract, I will be left with nothing.

 

You can always give it a shot.

Edited by Findlaw_FN

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I have written documentation of her saying that [it was a] loan

 

Depending on what exactly that documentation is, it should allow you to meet your burden of proof.  If she wants to argue that part of the loan agreement was that her repayment obligation would be "null and void" if you start dating someone new, she'll have the burden of proving that.  "[N]ull and void in her eyes" is pretty well meaningless.

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