Ex Suing For Money She Gave As Gift

[lord_amsa]

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

Hi, I started dating my ex when she was 17 years old. I was 23 at the time. When she hit 18 she moved in with me. She got a huge sum of money from her grandparents. She signed over both checks ($9,000 and $14,000) to me as a gift so I can purchase a car. I decided to not go with the car and just save the money in my bank account for a rainy day. Lots of rainy days came and the money is gone. She left me March, 2008. Since then she has left me deaththreats, harassing emails and phone calls. Eventually I filed a police report for harassment. She also forged a check trying to get $5,000 from my bank account. I also filed a police report but didn't pursue because I didn't want to ruin her future. Still, she has not stopped. Last week, a year later from the police reports and the like I got served with papers. She is suing me for $3,000 on small claims court for the money she gave me two years or so ago. I have saved all her hate mails and online blogs. In one of the blogs she states, "I didn't just help him pay the bills with it. I actually said HE CAN HAVE IT! Stupid me!".

Now does she have a case? Can I win? If it's a sure win for me, can I counter sue for lawyer and court costs? Any kind of information and/or advice will be greatly appreciated. Thank you.What is the name of your state (only U.S. law)?

[Antigone*]

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

Hi, I started dating my ex when she was 17 years old. When she hit 18 she moved in with me. She got a huge sum of money from her grandparents. She signed over both checks ($9,000 and $14,000) to me as a gift so I can purchase a car. I decided to not go with the car and just save the money in my bank account for a rainy day. Lots of rainy days came and the money is gone. She left me March, 2008. Since then she has left me deaththreats, harassing emails and phone calls. Eventually I filed a police report for harassment. She also forged a check trying to get $5,000 from my bank account. I also filed a police report but didn't pursue because I didn't want to ruin her future. Still, she has not stopped. Last week, a year later from the police reports and the like I got served with papers. She is suing me for $3,000 on small claims court for the money she gave me a year or so ago. I have saved all her hate mails and online blogs. In one of the blogs she states, "I didn't just help him pay the bills with it. I actually said HE CAN HAVE IT! Stupid me!".

Now does she have a case? Can I win? If it's a sure win for me, can I counter sue for lawyer and court costs? Any kind of information and/or advice will be greatly appreciated. Thank you.What is the name of your state (only U.S. law)?

Who knows if she has a case or not. Show up for court and defend yourself, take your evidence and no attorney is necessary. So there goes your countersuit ~ don't you think you got enough of her money already?

[lord_amsa]

We lived together for 1 1/2 years. So she was apart of every dime spent at that time. It is really not about the money anymore. Except the fact that I don't have it. I would've been more inclined to help her out if she did not act the way she did when we broke up. Harassing, stalking and threatening me when all I wanted to do was leave her alone.

Anyone else got any insights that might prepare me or help me?

Thank you.

[CourtClerk]

Problem. The age of majority in Alabama is 19. Really, she couldn't have given you such a large gift as a minor. Not to mention, as an adult, you would THINK that you would have more common sense as to take $23,000 from a child. However, thinking is for responsible adults.

I surely hope she sues you to recoup the money, then let's a responsible adult become trustee until she grows up.

[lord_amsa]

No need to give me ill wishes. I'm here for legal advice, and not to be judged. Yes, I have heard that "responsible adult" comment plenty of times. Looking at it now, yes, I should not have taken the money. At the time I really needed a new car so when she offered to give me the money it was rather hard to say "no thanks". But what's done is done.

Yeah that's the one thing that's been at the back of my mind is the age of majority. Although she did have her parents permission before she moved in with me when she was 18. Does that come into play at all?

[CourtClerk]

Does that come into play at all?

Not in the least. She doesn't have the legal capacity to do such things. I don't care if she had permission from God.

And I wasn't giving you ill wishes. It's a wish that both of you learn your lessons and the only way you'll do that is through the justice system since you don't appear to want to figure out a way to return the money, if even in payments.

[lord_amsa]

Legal capacity to do what? Give a gift? I understand that this is a huge sum of money she gave and not just a dvd or an mp3 player, while she is still considered a minor in this state. Where is the line drawn though? What does the law state about minors giving gifts?

[CourtClerk]

Legal capacity to do what? Give a gift? I understand that this is a huge sum of money she gave and not just a dvd or an mp3 player, while she is still considered a minor in this state. Where is the line drawn though? What does the law state about minors giving gifts?

Minors cannot enter contracts, they cannot do much of anything as the law states that minors do not have the capacity to do anything on their own. Anything they do can be rescinded by their parents and/or the courts... including giving you 23K.

[sandyclaus]

Legal capacity to do what? Give a gift? I understand that this is a huge sum of money she gave and not just a dvd or an mp3 player, while she is still considered a minor in this state. Where is the line drawn though? What does the law state about minors giving gifts?

CourtClerk is right. Being a minor means the ex didn't have the legal capacity to "give" you such a generous gift. Consider yourself lucky she's willing to settle for only $3000.

Your only defense might be to prove that despite you having possession & control of the money, showing that she received a significant benefit from the spending of it. Then her claim could possibly be offset by those amounts, reducing your liability. No guarantee, but just a thought.

By the way, what sane parents/grandparents would give their minor child $23,000 and let her move in with her boyfriend anyway? Why haven't they stepped to control her finances before reaching the age of majority? That would have at least curtailed this situation from going so wrong all around.

[CourtClerk]

CourtClerk is right.

Why yes, I am. Geez, I like hearing that so I think you just made my siggy for a little while...

[lord_amsa]

Thank you all so much for all the input. It is greatly appreciated.

To answer the question about the parents/grandparents, I have absolutely no idea why they let her move in and give her that much money. Everything you guys said makes sense though. Kinda makes me wish we went through the actual emancipation process when she moved in.

This is no excuse I know, but I did not grow up in America. I grew up in the Philippines. There is no age of majority there, be it cigarettes or liquor etc. So when I moved here and got into relationships is the only time I slowly learned about all these laws towards minors. I didn't even know the minor meant anything else than something small until I moved here and I am still learning about it obviously. Live and learn I guess.

I have spoken to someone that had gone through a similar situation. He said something along the lines of since she is now 20 years old and it took her a year to legally approach things that everything she has left here are now legally mine, including said money. Any thoughts on that?

Thank you again.

[CourtClerk]

Any thoughts on that?

My thought on that is that whoever told you that knows NOTHING about the law.

[Ellerge]

Also, find out how many years you can get for rape! You were an adult AND she was a child.

[CourtClerk]

Also, find out how many years you can get for rape! You were an adult AND she was a child.

What's the legal penalty for being an idiot and necroposting to a dead thread???

Oh, and the AOC in Alabama is 16. While I don't agree with it, it's the law. Therefore you're wrong on that front as well. So, not only did you resurrect a dead thread, you did so just to prove how wrong you can be and why no one should listen to a thing you say.