Giving money without repayment terms
Hi
An ex gave me money on several occasions and has now demanded that I give it back. At the time she never stated that it is a loan and that I must pay it back at any point. She specifically avoided clarifying it until now. What do I do?
Category: Civil Matters, Summons
Region: South Africa, Gauteng
1 Answer
If there was no agreement that it was a loan, then it will count as a donation or gift. If he thinks otherwise and wants to sue then he must prove that it was a loan. If there is no written proof then it will be a matter of oral evidence to determine the circumstances surrounding the giving of the money . Inform him by email or text that you understood the giving of the money as a gift. You probably would have done things for him without any expectation of payment including buying him a gift.