QUESTION

I was wondering if I paid someone cell phones bill and asked for my money back is there any way to get back some of my money.

Asked on Nov 02nd, 2012 on Business Law - South Carolina
More details to this question:
I have been paying off someones cell phone bill for a while and am wondering if there is anyway I can get some of my money back there was no formal agreeement mind you but I am just trying to find out if I can get any of my money back since I paid thousands of dollars in bills.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The answer is "it depends." If your intention in making the payments you made was to make a gift to the debtor, then the payments are not recoverable. Contrariwise, if your intention was to make a loan to the debtor, then you can recover your payments. Which of these alternatives is the case obviously depends on facts that you do not supply. If the debtor is a friend or family member and there was no agreement on repayment to you, a court would likely infer that you intended the payments as an unconditional gift rather than a loan.
Answered on Nov 02nd, 2012 at 2:58 PM

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