Legal Question in Credit and Debt Law in Texas
Renig on a gift
A family member loaned my husband and myself 2000.00 she said that she wanted repayment. After a few months she told us that we did not need to pay her back. She said that she wanted us to have it as a gift. Now she is angry and she wants us to give her the money now. I told her that she said that we did not need to pay her and she said that was only a verbal agreement, and that she has a signed document saying my husband will pay her back. He said that he does not remember signing anything. She also says that she can put a lien on all of our belongings. Is this true? Also how can we force her to show us a copy of this agreement that she is saying that she has? I was there when she gave my husband the cash but he did not sign anything. She says that he signed it with out me. Also he bought a car with the money and she says that she will pick up the car, from the people that we resold it to. Can she do this? We did not use the full amount of the gift for the car only half of it, but she claims that she can take it from the people that we sold it to... HELP!!!!
1 Answer from Attorneys
Re: Renig on a gift
If she takes the car, she'll be charged with theft.
The only way she can place a lien on your property is if she sues you and gets a judgment against you for the money.
If it was a loan, it should be repaid. If she brings a lawsuit you'll have a chance to see whether she has a signed IOU or not.
The smartest thing would be to treat it as a loan and repay her, then have nothing to do with her in any financial matters.