Legal Question in Credit and Debt Law in Pennsylvania
A friend knew I was in a financial struggle over a year ago and said he could give me $100. He did not say anything about repaying him. We lost contact and just recently got back in touch with me. He asked me the other day when he was getting the money. Today he text me saying I have a week from today to give him money or he's taking me to court. We have no written agreement, no oral agreement, and it was a gift; I have two people who can verify that. Also, today when he text me he started off asking if I was down for sexual intercourse when I said no that's when he said about going to court and suing. Will this be something that could be taken to court?
1 Answer from Attorneys
Unlikely. It will cost more to file suit than it is worth. I don't understand if your "friend" was struggling financially why the friend would give you $100. Something does not make a whole lot of sense here. And to ask for sex now?
What were the circumstances surrounding the gift? Was the gift contingent on you doing anything? Or did he just give you $100 and say something like "I want you to have this" in front of the other witnesses?
I would write him a letter if you have his address - no text messages - no emails. Reiterate the circumstances under which he gave you the money and that it was a gift. Advise him that he is free to take you to court, however, you have spoken to an attorney and been advised of your legal rights and that you are under no obligation to return a gift.
If he sues, then you have to appear and defend on the ground that this was a gift.,
You also do not indicate when the "gift" was given. More than 4 years ago? If so, then any statute of limitations has run too.
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