QUESTION
Can a person legally ask for money back after they gave you the money and said, "My pleasure, you don't have to pay me back"?
Asked on Nov 19th, 2013 on Debtor and Creditor - Florida
More details to this question:
A person gave me x-amount of dollars and in fact offered to pay somethings for me. They told me I would never have to pay them back and in fact said, "It's my pleasure." There was never mention of paying back in any way, shape or form. There was never any type of agreement to pay back, oral or written. Now since a relationship has gone sour, they are demanding their money back or take me to court. Based on these facts, can I be forced to pay back?
1 ANSWER
Commercial Litigation Attorney serving St. Petersburg, FL
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A gift cannot be taken back (with only a few exceptions, such as an engagement ring). Often the problem in this kind of case is proof -- are there any witnesses that it was a gift? Either before or after the fact? And will those witnesses testify truthfully?
In most lawsuits, the Plaintiff has the burden of proof. This means that the Plaintiff must show that the money was a loan rather than a gift, and if it is a "he said, she said" type of case, then it will be tough for the Plaintiff to win.
Can this person sue you? Yes, anyone can sue anyone over almost anything. But depending upon the facts, it may be tough for the Plaintiff to prove that the money was given as a loan and not a gift.
Answered on Dec 10th, 2013 at 2:59 PM