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    Gerardsno's Avatar
    Gerardsno Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 19, 2007, 08:48 AM
    Loan Versus Gift
    Loan vs. Gift
    A friend of mind came into a lot of money and gave me $12,000 as a gift for "everything I had done for him in the past". A few months later he gave me another gift of $25,000. No agreements, no promissory notes, no nothing. A year later he leaves a message on my phone stating, "I want all my money back to open a bar, and if you don't give it to me, I am going to take you to court". He has supplied a promissory note with a "forged copy" of my signature on it for the $25,000. Nothing for th $12,000. A professional hand writing expert autinicated the fake signature. Can a person convert a gift to a loan a year after the fact, and with the forged document, what are my chances of winning this in small claims court
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 19, 2007, 08:57 AM
    Hello Ger:

    I think you can win in any court.

    excon
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #3

    Jun 19, 2007, 07:07 PM
    Clarify what you mean by "a professional handwriting expert authenticated" the signature. Did they certify that it's a forgery, or that it's your signature? If it's the later, then you will have to find an expert to prove that it's a forgery.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Jun 19, 2007, 07:40 PM
    They may take you to court, in court you merely have a expert who is certified and acceptable to the court to testify that it is forged. And perhaps you should call the police and file crimial changes against him for the forgery.

    But if he sues you, you will have to take this to court and present your evidence.

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