He asked for the money back, I told him no becasue you told me it was for me and my daughter's future. Well he has since sued me for the money. There was nothing in writing on both sides and basically it's his word against mine. We both have attorney's. What do you think the outcome will be.
Serious answers only!!
2007-08-12 06:23:16 · 9 answers · asked by haptay 2 in Family & Relationships ➔ Marriage & Divorce
I think the court will consider the money a gift and you will be allowed to keep it.
2007-08-12 06:31:23 · answer #1 · answered by Melanie J 5 · 1⤊ 0⤋
In any lawsuit there are always two winners...the attorneys. Whatever side you are on they will always tell you your case is a winner. Let's assume you have the money invested and there will be sever penalties for early withdrawal. Ask your dad how much of it he needs and ask him if a loan using the invested money as collateral will work for him (paying the loan payments and interest). If he is investing you then have money making money and money making money. Everyone wins and the lawyers get payment for what they have done to date and have to hit the pavement.
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What's 100 attorneys at the bottom of the ocean?
2007-08-12 07:28:46 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You should know that even oral contracts (it is one in your case) have legal power. Your father can prove it was an oral donation contract. However if there was nothing how you could have broken this contract, you should be calm. Still, if you treated your father badly, insulted him etc. he might have chance to get the money back claiming that, for example, he gave you money expecting you to take care of him.
2007-08-12 06:36:57 · answer #3 · answered by Aatami 3 · 0⤊ 0⤋
My standard answer for legal questions is, "The laws vary from state to state......"
Seems to me if it is 'he said she said' issue, and you have the money in your bank, he gave it to you as a gift, then it's a done deal. The money is yours.
What does your attorney say?
2007-08-12 06:35:59 · answer #4 · answered by Michael H 7 · 0⤊ 0⤋
If the money is in your bank account, then I don't see why he thinks he could get it back. Obviously, he needs money for something and wants to spend it.
Your lawyer is the best person to talk to about this.
2007-08-12 06:31:36 · answer #5 · answered by janetrmi 5 · 0⤊ 0⤋
I think it may go either way. He could say you asked for a loan or the judge can rule it was a gift. I personally wouldn't let it go that far. Be the bigger person. If you still have the money just give it back. Don't let money ruin your relationship with your father.
2007-08-12 06:34:02 · answer #6 · answered by PharmNerd 4 · 0⤊ 3⤋
If there were no conditions, placed on what seems to have been a "gift", his case will probably be dismissed.
2007-08-12 06:34:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Its a gift. He cannot get it back.
2007-08-12 06:50:15 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Nothing in writing....no contract.....no case.
2007-08-12 06:34:25 · answer #9 · answered by daljack -a girl 7 · 1⤊ 0⤋