Legal Question in Civil Rights Law in Pennsylvania
A Gift of money
I dated a guy for about 2 weeks... He spooked me off when he started talking about marriage, and a future together. During that time I was laid-off. He knew I was having problems, but I NEVER asked him for anything, no money, no place to stay, nothing... He gave me money and told to take it to help out until I got a job, I didn't want to but he insisted. I told him a million times I did not want a relationship with him, but he still wanted me to take the money. Now it has been almost 3 months since I talked to him and he is taking me to court to get the money back... It was a gift that I did not ask for... So now what do I do? Can you help in any way?
2 Answers from Attorneys
Re: A Gift of money
It is true that a gift is not revocable once it is given. However, whether this was a loan or a gift is a question of fact. You say gift, he says loan, and he has the burden of proof at trial. It will be "he said" "she said", and a factfinder (judge or jury) will decide whom it believes, since there was no writing on the issue.
Daniel Cevallos
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Re: A Gift of money
I think he is going to have a tough time getting the money back unless there was something in writing clearly indicating that it was a loan and not a gift. People generally do not make cash loans without getting an IOU or receipt of some nature.
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