QUESTION
Does texts messages that don’t confirm an exact agreement be a contract for a personal loan?
Asked on Oct 04th, 2021 on Contracts - Arizona
More details to this question:
My ex took out a personal loan to pay off a credit card that I used to buy a shed building. When we broke up she refused to leave my house unless I paid the remainder of her personal loan. I agreed in text but never to the same thing. At one point I said I would pay it off, others I said my mom would. And her final texts she states she would pay it off and I could pay her. She has filed a civil suit stating I owe her the entirety of the loan not just the remainder. I never signed a contract and in fact refused to when one was supplied by her. I also texted to stop threatening me with an order of protection if I didn’t pay. Can I file for dismissal at this point?
1 ANSWER
You can seek dismissal, but if I understand the situation, you will not get it. Even if the texts don't constitute a cvalid contract (they may or may not), your ex paid off your credit card debt. At that point she became subrogated to the credit card company's claims against you. In other words, once she paid off your creditor, she became your creditor. You can claim that this was intened to be a gift, but the texts contradict that position and, at any rate, that is not an issue which can be determinecd on a motion to dismiss on the pleadings.
Answered on Oct 04th, 2021 at 12:28 PM