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Being sued for gift

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cc1192

Junior Member
What is the name of your state (only U.S. law)? Pa
Question concerning Law in Pa. April of 2013 friends of ours decided we needed to get motor-homes and begin camping. I explained I did not have the finances to purchase such a vehicle. They went ahead and purchased 2 used units, and gave the one to me, and upon handing the money to the seller they insisted on putting the vehicle into my name. There was never discussion on re-payment, loan, or otherwise, verbally or written. The friendship halted about a year ago, and now I was just served with court papers to be sued for the cost of the RV. What are my rights when it comes to a "gift" in the State of Pa. ?
 


justalayman

Senior Member
what is their basis of their claim for payment? If they agreed it was a gift, they have no case. Obviously they must be making some claim of it not being a gift.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Pa
Question concerning Law in Pa. April of 2013 friends of ours decided we needed to get motor-homes and begin camping. I explained I did not have the finances to purchase such a vehicle. They went ahead and purchased 2 used units, and gave the one to me, and upon handing the money to the seller they insisted on putting the vehicle into my name. There was never discussion on re-payment, loan, or otherwise, verbally or written. The friendship halted about a year ago, and now I was just served with court papers to be sued for the cost of the RV. What are my rights when it comes to a "gift" in the State of Pa. ?
Your former friends will need evidence that the motor home was not a gift and you will need evidence that the motor home was a gift. Your friends' tax treatment of the second motor home can be telling.
 

cc1192

Junior Member
what is their basis of their claim for payment? If they agreed it was a gift, they have no case. Obviously they must be making some claim of it not being a gift.
Their basis for claim is "repayment of loan"...which there was never a discussion of loan, or re-payment...we were all best of friends, and spent almost everyday, and week end together, and there was never a question or concern about the RV...and now almost 2 years later, and a year after we lost touch they are taking me to court for the money spent of the purchase of the RV. There is no written agreement, and the title and registration was immediately put into my name by their request. No money has ever crossed hands for the RV from myself to them, and no discussion was ever made about owing them for the money back after they purchased it.
 
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quincy

Senior Member
Their basis for claim is "repayment of loan"...which there was never a discussion of loan, or re-payment...we were all best of friends, and spent almost everyday, and week end together, and there was never a question or concern about the RV...and now almost 2 years later, and a year after we lost touch they are taking me to court for the money spent of the purchase of the RV. There is no written agreement, and the title and registration was immediately put into my name by their request. No money has ever crossed hands for the RV from myself to them, and no discussion was ever made about owing them for the money back after they purchased it.
During discovery, ask for copies of their tax returns.

Or, better yet, hire an attorney to handle this for you.
 

cc1192

Junior Member
During discovery, ask for copies of their tax returns.

Or, better yet, hire an attorney to handle this for you.
Thank You, I will inquire an Attorney...was not sure in small claims like this that it was appropriate or allowed
 

quincy

Senior Member
Thank You, I will inquire an Attorney...was not sure in small claims like this that it was appropriate or allowed
What amount of money is involved here?

You can always consult with an attorney even though attorneys are not permitted to handle small claims cases in small claims courts in Pennsylvania (with a few exceptions that do not apply here).
 
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cc1192

Junior Member
What amount of money is involved here?

You can always consult with an attorney even though attorneys are not allowed in small claims cases in Pennsylvania (with a few exceptions that do not apply here).
They paid $4,000.00 for the RV 2 years ago, and that is what they are seeking
 

quincy

Senior Member
They paid $4,000.00 for the RV 2 years ago, and that is what they are seeking
The amount is high enough that seeing an attorney in your area would be smart.

Without a written loan agreement and with no previous payments made by you over the last two years that indicates you and the friends considered the money for the RV a loan, I think the friends will have a difficult time showing the RV was anything but a gift.

Were you expected to do anything on these vacations in exchange for the RV, perhaps (e.g., did you agree to pay all camping fees or pay for all meals)?
 
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cc1192

Junior Member
The amount is high enough that seeing an attorney in your area would be smart.

Without a written loan agreement and with no previous payments made by you over the last two years that indicates you and the friends considered the money for the RV a loan, I think the friends will have a difficult time showing the RV was anything but a gift.

Good luck, cc1192.
Thank You very much for your time and advice. I sincerely appreciate it.
 

quincy

Senior Member
Thank You very much for your time and advice. I sincerely appreciate it.
Sorry - I edited my post to add a question because the answer could give the friends some "ammunition" of sorts to use in court. If you were not expected to do anything in return for the RV, however, my previous answer stands and, whatever the answer, consulting with an attorney in your area would still be smart. :)

Good luck, cc1192.
 

cc1192

Junior Member
The amount is high enough that seeing an attorney in your area would be smart.

Without a written loan agreement and with no previous payments made by you over the last two years that indicates you and the friends considered the money for the RV a loan, I think the friends will have a difficult time showing the RV was anything but a gift.

Were you expected to do anything on these vacations in exchange for the RV, perhaps (e.g., did you agree to pay all camping fees or pay for all meals)?
No...nothing was ever agreed to or discussed...they,out of the blue, just decided that we needed campers...and when I went with them to look at the 1st one they said they were going to buy it for me, and I told them at that time I could not afford it, and did not have that kind of money to spend on such a unit...they said they were buying it for me, and to put it in my name (which we did), and then a week later they went and purchased another one for themselves which they asked me along to look at it and drive it home for them from WV. No agreement, contract, discussion, or pay back conversation ever took place after that...it was never brought up at all for the whole next year...and then I went back to driving truck over the road, and we lost touch, and parted ways, so to speak...and have not talked to them in almost a year now...and tonight a Constable shows up with papers for court.
 

quincy

Senior Member
No...nothing was ever agreed to or discussed...they,out of the blue, just decided that we needed campers...and when I went with them to look at the 1st one they said they were going to buy it for me, and I told them at that time I could not afford it, and did not have that kind of money to spend on such a unit...they said they were buying it for me, and to put it in my name (which we did), and then a week later they went and purchased another one for themselves which they asked me along to look at it and drive it home for them from WV. No agreement, contract, discussion, or pay back conversation ever took place after that...it was never brought up at all for the whole next year...and then I went back to driving truck over the road, and we lost touch, and parted ways, so to speak...and have not talked to them in almost a year now...and tonight a Constable shows up with papers for court.
Okay. Then I think the former friends will have a very difficult time showing the money for the RV was a loan and not a gift.

It is too bad the friendship ended this way.

Good luck in court, cc1192.
 

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