Can they collect a gift from me?

[slmmmobx]

i live in florida, and about 1 year ago i was given a check in the amount of about 5,000. it was a gift by verbal contract, there was never any document signed that it was a loan. the people who sent me this check live in pennsylvania. i have an email sent by them recently saying that it was a gift before, but now they want their money back. they are threatening to sue. do they have a case against me? if they do, where will the trial be located. In pennsylvania where they live? or florida where I live? is there a time period when they cannot bring suit against me anymore? any words of wisdon greatly appreciated.

 

[I AM ALWAYS LIABLE]

i have an email sent by them recently saying that it was a gift before, but now they want their money back.

My response:

Don't you think it might be helpful to us, when trying to help you, for you to quote their e-mail to you, in its entirety, in your post?

IAAL

 

[slmmmobx]

to quote the email... we have never asked for anything from you or expected anything....now we do. we expect the money.

 

[I AM ALWAYS LIABLE]

to quote the email... we have never asked for anything from you or expected anything....now we do. we expect the money.

My response:

It doesn't sound like they were "gifting" anything to you, from the looks of that e-mail. The judge will ask you, "What makes you think that anyone would "gift" $5,000.00 to you?"

It does appear, however, for the average person, that "gifting" $5,000.00 is an unusual event. The judge will ask them why the money was turned over to you, and if they say that the money was "loaned" for, let's say, moving expenses, or for your bills, I believe that the "preponderance of the evidence" will NOT be in your favor.

They must sue you in Florida because that's where the contract was completed, and where the money was received.

IAAL