bail as a gift or loan

T

Tx1845

Guest
Jurisdiction
Oklahoma
My girlfriend received a dui amongst other charges. I bailed her out of jail which cost me about $1500. Before I posted bail I spoke to her on the phone while she was in jail. I told her I was going to try to get her out by raising the money for bail, unfortunately no one was willing to chip in so I paid all of it even though I was pretty upset with her recent choices. I went to pick her up and she said she was going to pay me back which I thought should be a given when you are bailed out of jail. It's been 2 years and I have received no money what so ever in repayment of the bail. If this was to end in small claims court would the bail be considered a gift or a loan in the eyes of the court? We never spoke about repayment before I paid the bail.
 
Tx1845 said:
If this was to end in small claims court would the bail be considered a gift or a loan in the eyes of the court? We never spoke about repayment before I paid the bail.
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Unfortunately her defense will be it was a gift, because he loved me.
I never promised to repay him for the bail money.

Furthermore, in Oklahoma, debt based on written contracts have a statue of limitation period of 5 years (O.S. § 95(1)), while oral contracts may only be collected upon for up to 3 years (O.S. § 95(2)).

You well within the statutory period to assert your rights in small claims for the alleged debt.

Without a written IOU or Promissory Note to back up your claim, it will be your word against hers.

You've convinced me, but I don't matter.

If you sue her, you must convince a judge.

If you are no longer involved with her, and its been several months since any such involvement, that adds credibility to your claim.

If, however, you are still associated with her, that could damage your assertions.

Lastly, even if you prevail, you'll have to collect the debt on your own, using your own devices.

The court only issues you a piece of paper saying she owes you.

Then you have to endeavor to collect on that claim.
 
A judgment from small claims court is worthless if she doesn't have any money to pay you with. And you probably know she doesn't.
 
Anytime someone asks to borrow money from me, I don't do it unless I'm willing to consider it a gift. If I happen to get repaid then it's a happy surprise.
 
NO is the BEST word in the English language.

YES is a word I rarely use, and when I do it has NOTHING to do with money.

Banks loan money.
I'm not a bank.
I don't loan money.

I occasionally GIFT money, too.
 

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