Legal Question in Civil Litigation in Illinois

gift now being asked to pay for 7 years later

7 years ago, a friend of mine called me and asked me for my social security number, I was reluctant, but she insisted it was a surprise. She was an older lady that had attached herself to my 5 year old son, and was always doing things for him. I thought that maybe she was going to buy a savings bond or start a small savings account for him. About a week or so later I received in the mail a statement from a broker that someone had purchased 100 shares of stock in our name ( my husband and I ). When I found out that my friend had purchased it, I thanked her, she then proceded to tell me that I could pay her back anytime. I refused and said that I did not want it, she insisted that I keep it because she was trying to help us get started in investing. She now is trying to sue for the stocks that she purchased for us 7 years ago, that we never wanted or asked for. Although she does have a list that I had made of things she had done for us, dated four months after the stocks were purchased. It is not signed and is not an agreement to pay back, just a list. I wonder what harm is the list going to be to us. At no time did we ask her to purchase them for us. Is it considered a gift, and do I stand a chance in court?


Asked on 4/19/03, 10:24 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: gift now being asked to pay for 7 years later

It really will depend - you basically must go into court and convince the court that it was a gift. Witnesses, prior gifts, etc. come in to help you do this. It's not a contract if nothing was signed. She may argue an oral contract but it will most likely come down to credibility.

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Answered on 4/21/03, 9:37 am
Peter Ordower Law Office of Peter Ordower

Re: gift now being asked to pay for 7 years later

You should have a very good chance in court. The plaintiff's failure to have a written agreement with you coupled with her long delay in suing may raise valid defenses to her claim, and at the least support your contention that the stock was a gift. If the list is as you described, it may be one piece of evidence in the case.

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Answered on 4/21/03, 11:22 am


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