QUESTION
can i Sue my boyfriend for money i lent him to get him away from a drug dealer ?
Asked on Feb 08th, 2013 on Contracts - Pennsylvania
More details to this question:
I lent my boyfriend 2000 dollars bc he told me that a guy was threatening him to pay him for the pills he bought two years prior (but the guy went to jail and is now out). My boyfriend told me he did not currently do drugs. So i gave him the money to get this guy off his back, and now i found out that my boyfriend probably used it for pills bc he's addicted. He just came clean. Needless to say, he won't pay me and i just want my money so i can move on with my life. Will i be able to sue?
1 ANSWER
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A loan requires repayment and must have definite payment terms. I assume the agreement was oral, as opposed to written, and there were no payment terms. It is probably unenforceable. But you can sue him in your local magisterial district justice. If he fails to defend, you will win by default. Then you can ask the court how you can enforce it.
The second theory is that he defrauded you. In that case, you don't need to prove it was a loan with definite terms. You only need to prove that he lied about what the money was for and had you known what it was for, you would not have given it to him. You have 4 years to sue on contract and 2 years on fraud.
Answered on Feb 10th, 2013 at 2:32 PM