Mother in law got a personal loan for our debt as a gift. Now wants to sue us for the balance?
over a year ago my mother in law offered to get a personal loan to consolidate our debt. It was solely in her name and drafted from her bank account every month. We have offered to help pay for it even though she said it was a gift. Since losing our jobs we haven't sent her any money and now wants to sue us. We have had a falling out a year ago and haven't spoken with her. Does she legally have a leg to stand on?
- SlickterpLv 71 month ago
Do you have any kind of written agreement with a payback schedule, or indicating in any way that it needs to be paid back? If no, then she will never win.
- Little PrincessLv 71 month ago
You've offered to pay her back. You've been making regular payments to her in order to pay her back. What evidence do you have that it was a given as a gift and accepted as a gift?
- STEVEN FLv 71 month ago
Absent your signature on a document promising to repay, she has no LEGAL claim.
- ArcherLv 71 month ago
I would ask why your not adult enough to take some responsibility in your life and feel others need to pay for your mistakes.
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- NosehairLv 71 month ago
Assuming she can prove that she did, in fact, give you the money and she lies in court by telling them it was a loan (which most people will not do) she could possibly win a lawsuit. In a dispute such as this a judge is pretty likely to accept that the money was a loan and see it as less likely to be a gift without some measure of evidence on your part that it was a gift. Hard copies of any emails or text messages from her with the strong implication that was a gift would be very helpful for your case.
- Anonymous1 month ago
LEGALLY if you paid her back one cent the gift became a loan.
It's just that simple. I would presume she does have a leg to stand on.
- Godless GazooLv 71 month ago
The problem you'll have in court is it sounds like you were making payments and that's going to look like it was a loan. I mean what do you have in writing from that time? It's going to come down to who the judge believes. If she says it was a loan, and if you were paying her then he'll almost certainly believe her.If you have it in writing or an email or something that it was a gift, then he'll probably believe you.That's why these arrangements are always a problem. If you are the judge you have to figure out what is more believable an my default would be the loan.
- curtisports2Lv 71 month ago
Yes. If it was a gift, why did you offer to pay? And if you paid anything at all, that negates it being a gift. Proving her case will not be easy, but a path exists for her to prove it, if she has a sharp lawyer.
- 1 month ago
The issue is whether the money was a gift or a loan. Your position is that it was a gift but then you say that you were sending her ml money until you lost your job. You might want to get your story straight.
- Anonymous1 month ago
Why does she only have one leg?
Diabetes is NOTHING to mess with.