A family member promised $20,000 to use however i wanted. I used 6,000 to pay my car and he held the other 14,000. when i went to collect the 14,000 (for a down payment on a house) he told me that it was no longer for me. What can i do with this? This was a definite verbal agreement, he showed me the paper work, told me where the money was, and even called me to tell me about a few houses that i could spend it on! and now all of a sudden he changed his mind and has no remorse. What can i do to get this money that i am owed?
2007-12-11 14:59:08 · 4 answers · asked by Kelly 1 in Politics & Government ➔ Law & Ethics
A family member promised $20,000 to use however i wanted. he said because he was not there for me when i was growing up he wanted to make it "right" by giving me this money. I used 6,000 to pay my car and he held the other 14,000. when i went to collect the 14,000 (for a down payment on a house) he told me that it was no longer for me. What can i do with this? This was a definite verbal agreement, he showed me the paper work, told me where the money was, and even called me to tell me about a few houses that i could spend it on! and now all of a sudden he changed his mind and has no remorse. What can i do to get this money that i am owed?
2007-12-11 15:19:03 · update #1
As another person stated under certain circumstances you may have equitable remedies. However, this is probably not one of those times. This is a promise of a gift without consideration meaning that its only enforceable if you have detrimentally relied on the promise. To show detrimental reliance you must show that you materially changed your position (generally your economic position) based on the promise. In your case, you haven't. Planning to use the money to buy a house isn't the same as getting a mortgage and owing 14000 at closing but not having it. The later of these would get you an equitable remedy in the form of $14000. Unfortunately, that's not what you have.
If you want a lawyers opinion, most will consult with you free of charge.
2007-12-11 15:18:40 · answer #1 · answered by StressedLawStudent 4 · 0⤊ 0⤋
First, figure out what caused the change of heart.
Next, you have no legal leg to stand on. This was a verbal promise, with no witnesses nor a promisory note.
Giving gifts to family members is usually iffy when not written as a will. Even written wills are rewritten and the beneficiaires changed at the last minute or on death beds.
Why? Who knows. If you have this money to give a favorite daughter, son, nephew,niece etc, you have every right to change your mind. You could have been slighted by this person you planned to bequeath it to with a word, a conversation, a tone of voice. But the money is legally yours .
Did you stay in consultation with this family member while spending his money? Did you act at all times to consider his preferences on where to spend his money?
Unless he changes his mind again, you might not get this money anymore. And he does not owe you this money unfortunately.
2007-12-11 15:15:44 · answer #2 · answered by QuiteNewHere 7 · 0⤊ 0⤋
It depends on the circumstances surrounding the allotment of money for your use. Was this money payment for something? Was this a prize money? Was it a reward? What was on the paperwork? Is it money that you would consider him owing you? If there is nothing definite, then, sorry to say, you will not see any of that money left.
2007-12-11 15:08:52 · answer #3 · answered by V-formation 1 · 0⤊ 0⤋
You have no remedy at law. There was no contract. It was a gift. You can't bring an action against someone because they didn't give you a gift.
Unless this was your money held in trust you have no case.
2007-12-11 15:09:24 · answer #4 · answered by R. U. Serious 3 · 2⤊ 0⤋