Legal Question in Credit and Debt Law in Georgia
parental gift
I was given a gift of $5000 by my parent. This was a gift not a loan. My parent is now claiming that the $5000 in question was a loan. There was no agreement signed. There was verbal discussion that the $5000 was a gift. Can I be held liable to repay this $5000 in a court of law in Georgia? If this is not enough information to generate a legal opinion, please indicate what other details are needed. Thank You.
1 Answer from Attorneys
Re: parental gift
You do not have a legal problem at this time. If you receive a lawsuit or written demand for payment, see a lawyer immediately. Otherwise you are reacting for no reason to a problem that does not yet legally exist.
If a suit is filed, the answer will depend on who the court believes after weighing the testimony of all witnesses, so there is no way to tell you how it would turn out. It is very hard to prove a loan without documents, as a loan involves due dates, interest, etc. and that cannot generally be proven without paperwork.