Atlanta, GA asked in Small Claims for Georgia

Q: Is any cash you give to someone considered "a gift" in Georgia? Even if you have a verbal contract and text agreements?

Let me say up front - I understand I should have done this differently.

My boyfriend at the time got dropped from the NFL, his mom passed away, he had horrible spending habits and got his car repoed. Under agreements made through text & verbally - he agreed to pay me any money back when I helped him. This was all given in cash. He was slowly paying me back but once we broke up - he refuses to pay me. The only proof I have is texts, but it rarely stated amounts as I gave him it in sums anywhere from $10-$200 at a time. He still owes me $3500. I let this man live with me, use my car and still have his dog. I feel used when I was just trying to help someone I loved at the lowest moments of their life.

Is there any way to take this to small claims court or recover any of this with the only evidence and agreement being verbally and text messages?

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1 Lawyer Answer
Samantha A Holloway
Samantha A Holloway
  • Atlanta, GA
  • Licensed in Georgia

A: A verbal agreement can be enforceable. However, without additional information, I do not know if the verbal agreement that you had with your ex is enforceable. I would suggest that you consult with an attorney.

It is relatively inexpensive to file a case in small claims court and it is designed for people to represent themselves. Also, cases usually appear before a judge quickly. You may want to file a case and proceed through that avenue.

Good luck!

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