A gift?

[Zea]

I live in Florida and I,m being sued in California. I broke off a long distance relationship and now he wants me to pay him back the $5,000.00 he had sent me to help me pay down some of my bills so that I would not have to work two jobs plus have more time to visit him. He had flown me to California to visit him two times so that we could possibly renew an old relationship. He sent me numerous gifts by mail such as candy, flowers,tapes,etc. I considered the money also as a gift. What do I need to prove that it was a gift and not a loan? I never signed anything except the check. Also I can not afford to fly to California for my court date in Feb. Could I send written testimony? Thanks

 

[I AM ALWAYS LIABLE]

I live in Florida and I,m being sued in California. I broke off a long distance relationship and now he wants me to pay him back the $5,000.00 he had sent me to help me pay down some of my bills so that I would not have to work two jobs plus have more time to visit him. He had flown me to California to visit him two times so that we could possibly renew an old relationship. He sent me numerous gifts by mail such as candy, flowers,tapes,etc. I considered the money also as a gift. What do I need to prove that it was a gift and not a loan? I never signed anything except the check. Also I can not afford to fly to California for my court date in Feb. Could I send written testimony? Thanks

My response:

How were you served with the Summons ? By mail ? Personal service (e.g., someone handed it to you ?). If he mailed the Complaint to you, I need to know EXACTLY all of the forms you received by mail, including the pink forms.

Since you cashed the check in Florida, he's suing you in the wrong forum. He needed to sue in Florida, not California. Send the court a letter stating, "Without admitting liability, I am making a Special Appearance by way of this letter. The Plaintiff sent the money to me in check form, and that check was cashed in Florida. Therefore, this California court is without jurisdiction to hear this matter."

Make sure you put your name, address and telephone number on the letter, and the Case Number.

IAAL

 

[JETX]

Before we can determine the jurisdiction of this issue, we need a little more information:

1) Where were you when the 'gift' was being discussed? Were you in California??
2) Was the 'gift' discussed in person or by 'long distance'?
3) If in person, where??
4) Where were you when the 'gift' was given to you?
5) Were you both together or was it mailed?
6) Where was the 'gift' deposited or cashed??

And finally, to answer your question....
"What do I need to prove that it was a gift and not
a loan?"

In my opinion, a LOT. Unless there is a LOT of other information that we are not being told about, it is a little hard to imagine anyone just outright 'giving' $5,000 to someone. Obviously, he is going to claim that it was as loan, and in the lack of specific evidence, the more credible 'version' usually wins.

And, your question, "Could I send written testimony?"
You can send an Affidavit, but you would still have to make an appearance (assuming that the proper court is used). It is kind of hard to 'cross-examine' a written document.

 

[Zea]

In response to your questions---We discussed the "gift" by long distance. He was in California and I was at my home in Florida. I received the money via mail to my address in Florida. I deposited the money in my checking account in Bay County, Florida. He was the one that suggested to send me the money. I had never asked for the money. I have good credit and could get money through my bank or credit cards if I was in dire need of money. I was doing just fine on my own until he found my telephone number through 1-800-search,computer,etc. I had never relied on anyone to help with my bills, even my parents. I had gone through a divorce just like he had. We had a deep relationship back in the late 70's and both felt we could get back to the same feelings. He came from a very wealthy family and often gave me expensive gifts with no intent of any return from me. I already questioned the "venue" and I guess since the "loan" originated in California they said that is where the complaint should be heard. Would it be in my best interest to take time off from work and pay for airfare to L.A., California. Plus I now am so fearful of flying that I am a "nervous wreck". If I never need to fly again it would be just fine. Thanks for your response. Zea.

 

[JETX]

Okay, now that the juridictional issue has been cleared up, you need to do what IAAL has suggested. Send the court and his attorney (or him) CERTIFIED RRR that the amount made a basis of this action was an unsolicited gift, and that it was sent by US Mail to Florida and was cashed in Florida and that it is beyond the jurisdictional limits of California.

Follow IAAL's reply post, he was exactly correct.