Legal Question in Credit and Debt Law in Illinois
my aunt is bringing me to small claims court for money she says i owe her. She did lend me money and she wrote loan on the check. this loan has been paid and i have the copy of the repayments. the next few checks were for my mom who was having some money problems and lived far. my aunt wrote the checks to me and i would then deposit them into my account and give my mom the cash.(her checking account was negative and she needed the money for groceries and bills and to cover the negative fees in her account.) these checks she wrote to me for my mom do not say loan and were after the loan she gave to me. Will this be enough to show that the other checks were not loans to me, because she didnt write loan in the memo like she did for the actual check that was a loan?
state of Illinois
2 Answers from Attorneys
If you mom is available to testify on your behalf, that would be helpful to your cause.
Since the checks were written to you, the money is either a gift to you, or a loan to you. Your question presents no evidence that this was a gift. In fact, the previous loan and repayment points to a course of dealing that your aunt loans you money rather than gives you money with no expectation of repayment.
The fact that you gave the money to someone else is really irrelevant. If I take a cash advance on my credit card to help a relative, the credit card company expects me to pay them back, not the relative. Bottom line, it will be up to you to present evidence that this was a gift.
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