Personal check as a loan document

[harrisrubenfeld]

What is the name of your state (only U.S. law)? Florida

I received a check from my dad as his offer to pay for my daughters car. He put a note in the memo that it was a loan to be paid over 12 months. There was not intent from me to repay it.

THe check was made out to me and my wife endorsed it and deposited it into our account. My brother who is an attorney is now defending my father. Does he have a good case? Could this be construed as a loan in default.

 

[cyjeff]

Are you saying you thought it was a gift?

Even with the loan comment?

Really?

 

[Law Ninja]

Q: He put a note in the memo that it was a loan to be paid over 12 months. There was not intent from me to repay it.

A: Your intent does not matter. The check was only a gift if your father intended it to be a gift. Thus, if you are sued over the check, then you must prove that he intended the check to be a gift, or he will destroy you in court. Considering the check itself states that it is a loan, consider yourself already beaten.

HI-YAAAAAAAAAA!

 

[harrisrubenfeld]

I understand that based upon the check by itself indicates his intent. Remember my wife endorsed my name, I never saw the check until in the law suit. This is question 1.

2. My brother was aware of a verbal conversation that my father was gifting this to me. Isn't he morally ineligable to defend my father as his attorney?

 

[Law Ninja]

Q: Remember my wife endorsed my name, I never saw the check until in the law suit.

A: Totally irrelevant to the question of whether your father intended the money to be a gift.

Q: My brother was aware of a verbal conversation that my father was gifting this to me. Isn't he morally ineligable to defend my father as his attorney?

A: If an attorney is an adverse witness against his own client, then the attorney cannot represent the client.