View Full Version : No verbal or written agreement
boxelder16
Aug 7, 2007, 01:20 PM
Can someone collect on a gift, they are now calling loan? Have not seen this person for 4 years until yesterday opened the door and there he stood with 2 other men. Invited him in thinking this was a visit or had not seen him for 4 years. He told me that he wanted the money he had spent on the gift and I would pay it back. I am in Texas and he is in Oklahoma; are the laws the same; can he collect?
GlindaofOz
Aug 7, 2007, 01:45 PM
Typically in small claims court they will not allow a return on a gift. Tell him to take you to court if he wants it back.
ScottGem
Aug 7, 2007, 01:46 PM
Unless he has proof that it was a loan, no he can't collect.
Lowtax4eva
Aug 7, 2007, 01:49 PM
Tried to agree with ScottGem, but couldn't, as he said he can't collect.
Think about it, you have no proof it was a gift and not a loan. BUT he also has no prrof it was a loan and not a gift. And since he is the one trying to collect he has to prove it.