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My day's friend wants to sue me for gifts he bought for me, can he win?

Seattle, WA |

5 years ago when I was suffering from depression my day's friend said to my that he would help me out of depression. He bought me a car which I never asked him for or promised to pay back for. He gave me legal title to the car as it was ordered and registered under my name. He then paid for my university fee by giving me a cheque as I could not afford it. Again at no point did I ask him for the money or did I promise to pay it back. He has now put a claim through the courts demanding for the money back, has he got a case? He has no signed contract etc where I promised to pay him back... He is making it all up.

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Attorney answers 3

Posted

He doesn't have much of a case if there is nothing in writing from you indicating that you accepted these things as loans and intended to repay him.

Asker

Posted

But would the court not ask as to why he bought me an expensive car etc? How can I prove it was a gift as I don't have any further evidence except that its been five years now and in these five years he never demanded for the money back

Michael Duane Daudt

Michael Duane Daudt

Posted

The burden of proof is on him as the plaintiff. You do not have to prove that the car and money were gifts. You should win if he fails to prove that the car and money were loans. That being said, if he has named you in a lawsuit, you can lose if you don't respond properly, especially if he is using a lawyer. You should get a lawyer to defend you.

Asker

Posted

He is not using a lawyer and has no signed agreement by me saying i intended to pay anything back as the truth is I never asked for anything in the first place

Posted

Your father's friend was extremely kind and generous. Clearly he has regrets. What has changed? Perhaps he and your father had a falling out? Perhaps he feelx unappreciated by you? Has he fallen on hard financial times? Did he expect you to respond romantically? Maybe that is what really needs to be addressed. I would not admit or act that these are anything other than gifts but perhaps hurt feelings can smoothed over.

Absent a written agreement, any disputes must be either resolved or a suit initiated wihin three years of the, in this case, breach of the supposed contract. It may be too late for him to proceed but that will depend on facts as to when the purported breach ccurred.

A gift by definition does not require repayment. I would carefully review anything you have in writting such as emails, letters, thank you cards, texts, ecetera as those can be evidence, one way or another as to whether these were gifts or not. I also would be very careful about anything you write about this sitution.

Asker

Posted

He had intentions to marry me but when I expressed my intentions to marry another the uncle started harassing me by talking ill about me with my friends. There are no thankyou cards or emails etc nothing at all

Crystal Grace Rutherford

Crystal Grace Rutherford

Posted

This probably the most difficult situation and recalls the Beatle's lyric "can't buy me love." Were you clear about your non romantic feelings toward him before or during the gift giving?

Asker

Posted

All I knew was he was my dads friend who claimed to be my uncle and wanted to help me out of depression.

Crystal Grace Rutherford

Crystal Grace Rutherford

Posted

If at the time he gave you the gifts he led you to believe he was acting as a family member that would be a reasonable explanation for ou to accept them. If he does sue you, you must defend yojrself. Generally there is 20 days to respond o a complaint or lawsuit. If the last event descibed in the complaint is more than three years from the date the suit was filed or served you can raise the affirmative defense that the statute of limitations has expired. Good luck to you.

Posted

I assume Day's friend means dad's friend. Without something in writing signed by you evidencing that these were loans, the court will consider them gifts, but you still need to defend against the actions.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Asker

Posted

There is no evidence signed by me, he's making false statements

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