Sued for breach of contract

[Anklebiter]

Georgia

Being sued for gifted money from 7 years Ago. Plantiff have money to def for a business that was struggling and closed shortly after the gift. There never any terms discussed or put into writing. The check stated for "investment". Over time plantiff asked for some, if any of the money to be paid back and began making harassing phone calls and texts. Still no agreement was discussed or written. A few random payments were made to plantiff. After 7 years, plantiff calls and demands immediate payment of entire amount of "investment" along with harassing phone calls and threats. Now being sued for a loan breach of contract. What should defense be?

 

[Eekamouse]

Georgia

Being sued for gifted money from 7 years Ago. Plantiff have money to def for a business that was struggling and closed shortly after the gift. There never any terms discussed or put into writing. The check stated for "investment". Over time plantiff asked for some, if any of the money to be paid back and began making harassing phone calls and texts. Still no agreement was discussed or written. A few random payments were made to plantiff. After 7 years, plantiff calls and demands immediate payment of entire amount of "investment" along with harassing phone calls and threats. Now being sued for a loan breach of contract. What should defense be?

He wants his invested money back and you call that harassment?

 

[quincy]

Georgia

Being sued for gifted money from 7 years Ago. Plantiff have money to def for a business that was struggling and closed shortly after the gift. There never any terms discussed or put into writing. The check stated for "investment". Over time plantiff asked for some, if any of the money to be paid back and began making harassing phone calls and texts. Still no agreement was discussed or written. A few random payments were made to plantiff. After 7 years, plantiff calls and demands immediate payment of entire amount of "investment" along with harassing phone calls and threats. Now being sued for a loan breach of contract. What should defense be?

If you believed the money you were given by the plaintiff was a "gift," why did you make random payments to the plaintiff to satisfy this gift? It sounds like you considered the money a loan that needed to be repaid. The plaintiff obviously believes it was a loan.

A defense to the breach of an oral contract lawsuit could be that the money was a gift from the plaintiff, or an investment by the plaintiff in a business that failed, and was not, as the plaintiff claims, a loan that required repayment. You can use the check that has written on it the word "investment" to potentially support this defense.

The statute of limitations for filing suit for breach of an oral contract in Georgia is 4 years and the statute of limitations could potentially also be used as a defense to the suit.

BUT if the amount of money in question is substantial, you would be smart to see an attorney in your area to personally go over these possible defenses, and the facts that led to the breach of contract suit, to see if it is worth attempting to use them in court or if it is better for you to settle with the plaintiff out of court and pay off (if not all then most of) the money the plaintiff claims is owing.