Legal Question in Credit and Debt Law in New York

A family member gives another family member money to help them out because they lost their job and tells them they do not have to pay them back. There is nothing in writing and they tell them they want it back asap and the family does not have a job yet and is not making enough money to pay them back at the present time. What is my legal responsibility to this person? They say they will take me to small claims court.


Asked on 5/10/10, 12:21 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

They can take you to small claims court for breach of contract.

In other words, they will contend that they gave you a loan.

Of course, you will argue it was a gift. The judge or jury will decide the matter based on the testimony of the witnesses, the evidence (check, e-mails, texts, letters, etc.).

ALSO LICENSED AND PRACTICING IN NEW YORK.

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Answered on 5/17/10, 2:08 am


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