an early christmas gift

[hiedi_in_tx]

I live in San Antonio, Texas on November 29,1999 my sister in law gave me and my family an early christmas gift a check of a 1000.00 when my sister handed me that check she cleary stated to me and my husband it was and early christmas gift to us from her and her fiance at the time now their married and live in atlanta,ga last week i got a certified mail from her husband stating that i have not payed a loan/debt of a 1000.00 he enclosed a copy of the check he wrote out to me. he also stated that if i do not repay that money he will sue me for it I never went to him and asked him or her for any money in any way or manner they free will came to me and my husband and gave us that check as an early christmas gift. when i received that letter i immediatly called my sister in law and asked her if she knew what her husband wrote to me she said no so i read the letter to her after i read the letter to her she confirmed that the check was an early christmas gift but he was not home. can he still sue me in small claims for that amount.

 

[HomeGuru]

Yes but will he win? No.

 

[JETX]

Sounds like you need to prepare yourself.

There may be more to this than you think. It could be that your sister over-extended the gift amount and tried to explain it to her husband that it was a loan. Then, he thinking it was, has contacted you. In other words, you could have been put in the middle of a 'situation'.

First thing I would do, would be to contact your sister in GA and ask her to send you a quick note or email confirming that the $1000 check was a gift and not a loan.

Then, AFTER getting the written confirmation, send the B-I-L a letter, Certified RRR. In it, state that he must be confused, that the $1,000 check that he sent you a copy of was a Christmas gift and not a loan. Do not get into any of what your sister may or may not have said or that you have contrary support that it was a gift. Let him decide what action he might consider, since you are now prepared to counter his action.

BTW, based on your post, he would have to take action against you here in Texas (unlikely considering the cost involved), not in Georgia.

Keep us apprised on how this turns out....