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small claims on a gift

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soloman72

Junior Member
What is the name of your state (only U.S. law)? MICHIGAN

ok, so i recieved a moneygram at walmart from my ex girl friends mother for my birthday but we were having problems then and i didn't involve the families and we broke up soon after. Now, the mother found out that i used the money to get my truck legal so i could move out and is now seuing me for the $200 in small claims court. nothing on the reciept says anything about a loan or gift just our signitures and the amount. The court date is set for the county that I currently live in not her's which i don't understand. My question is : what will happen if i don't show up because of this bogus claim ? The court house is almost an hour away and I have no means of transpertation and im currently disabled. I don't even want to beg a friend to take me for fear of the family hurassing me and my friend in the parking lot or following us which they will do because these people are crazy. What would be the most peaceful way to handle this for me ? i also suffer from paranoia and social anxiety disorder and have clinical proof of all.

Please help i don't wanna go and don't feel i should have to !!!
 


justalayman

Senior Member
The court date is set for the county that I currently live in not her's which i don't understand
.because that's the rules; they have to sue you where you live

My question is : what will happen if i don't show up because of this bogus claim ?
the other party will probably get a default judgment and you will owe them the money.

The court house is almost an hour away and I have no means of transpertation and im currently disabled
that is not enough to be excused from showing up.



Please help i don't wanna go and don't feel i should have to !!!
you don't have to but plan on losing if you don't.
 
If you don't show up, its hard for anyone to defend your interests. You're probably going to have a default judgment entered against you and have to pay the judgment.

Based on your facts, it sounds like you have a decent case. After a gift is given, and spent, typically it can't be revoked. This applies even if you're getting your truck "legal" in order to move out.
 

BL

Senior Member
Take your friend and go defend the claim .

If you are afraid of retaliation ask the court deputy to keep the other party away from you and keep them there for a bit after you leave so as not to follow or bother you .

They may or may not do this .
 

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