My aunt gave me 1400 dollars last year to pay some of my bills off. She told me several times to not worry about it. now a year later she says she's gonna get a warrent in debt if I don't pay her, can she sue me for this gift? I never signed any papers saying it was a loan and that I would repay it, and she doesn't have any proof. But I have witnesses that heard her say not to worry about it. Please advice!
Answers:
Sounds like a gift to me, however the elements of a valid gift are (1) donative intent, (2) delivery, and (3) acceptance. She will argue that she never "intended" to give the money as a gift, but the circumstantial evidence you seem to have would probably help establish that it was, in fact, not a loan. Also, since there is no writing or other indication that it was a loan, you should prevail. You should also avoid relatives, but that's another story.
I think Judge Judy would rule in your favor.
There is no proof that it was a loan. You can say it was a gift. That's how people get out of paying me back.
she can try
Its up to the judge. If you get a nice one you will be fine.
Was it more like you saying I'll pay you back as soon as I can? and she said don't worry about it, meaning it didn't matter how long it took?
Just pay it back. Whether or not she has legal standing. (She doesn't have much) is irrelevant. The wise thing to do here is to give her the money back and then never accept anything from her ever again.
She can't get a 'warrant in debt' to get you arrested for this or anything. All she can do is bring you to small claims court over the $1400 and if she has no proof that this was a loan, and not a gift, the judge will rule in your favor. Just because you're right doesn't mean that you can skip your court date though. If you do not show up, the judge will give a default judgment in your Aunt's favor, which will mean that you will have to pay the $1400 back to her.
Your aunt probably told you at the time not to worry about it because she was "loaning" you the money to help you get out of debt, probably also for you not to ruin your "credit history". She probably didn't want to stress you out more at the time of the "loan".
I do not believe that this amount of money was a "gift". She gave you the money for you to get out of a bad situation, a year has passed the right thing to do is to "pay" her "back".
Doesn't make sense to me that you would want to hurt your aunt in anyway. Therefore, make a payment arrangement with her and pay her back the money that she "loaned" you.
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