QUESTION

Can someone sue me for a gift?

Asked on Sep 26th, 2013 on General Practice - California
More details to this question:
I cheated on my husband, with someone I've known for years. Over the past year, the new guy has sent me flowers, gifts, and Money Gram/Western Union money to me to help pay my bills. Now he's asking for it back, but I have screenshots of him INSISTING on giving it to me. I never in any way, shape or form, asked for it. I did however say I would pay it back, but he refused to accept it. Now he's angry, bitter, and heartbroken, and wants it ALL back. He is stalking and harassing me. Can he sue me in small claims court for the gifts he gave me? I never wanted his money. He even gave me his debit card info, which I NEVER used. Help!
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1 ANSWER

Appellate Practice Attorney serving New York, NY
He can sue you, but that doesn't mean he would win.  Once you give a person a gift, you have no right (except under rare circumstances which don't appear to be present here) to take it back.  If you can prove that he gave you these things as gifts, rather than as a loan, you should win.
Answered on Sep 27th, 2013 at 11:30 AM

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