No contract?

[girlygirl]

What is the name of your state? Georgia

A former friend of mine gave me a substantial amount of money over a 2-year period, presenting them as gifts. I have email and instant messenger communications indicating this. I was never asked to sign anything, no letter was ever presented to me. I have records of emails and instant messenger conversations in which she indicated the money was a gift. We are no longer friends, and he is now suing me for the full sum, claiming it is a loan. Can it be considered a loan if it was never agreed as such?

He's suing me in his state, Mass, where the small claims court limit is under the amount for which I am being sued, as opposed to the state in which I resided when the money was given, which has a higher limit, or my current residence, which has a significantly higher limit. He is essentially creating a hardship for me, forcing me to obtain an attorney, as this cannot be dealt with in small claims court, and forcing me to appear in a state in which I have never resided.

Should I respond with an affirmative defense? Does he have a case if he has no proof the money was a loan?

 

[cmorris]

First of all, since the "loan" was made elsewhere, that state where you should be sued, or your current state. Since he messed up, you should be able to call the clerk's office and request a form (not sure which; be nice and the clerk will be valuable!) to dismiss the lawsuit--MA would not have jurisdiction b/c the "loan" did not take place there.

Second, the burden of proof is on the plaintiff. You argument is it was a gift. He has to prove otherwise. If it still goes to court, bring your evidence.

I am not an expert on this issue, but if I am wrong, you will hear about it soon!