out of state person suing me

[zoietn40]

A man gave me $1000 as a gift. He mailed a bank draft to me and gave me this money. The incident happened here in Nashville Tn. Now, he is suing me in Muskogee Oklahoma to retrieve this money back. He is not a USA citizen. He is running from Australian authorities to avoid child support. He has caused me and other single woman lots of trouble. What can I do so that this man doesnt get my money? Help!!!!

 

[JETX]

The only way that you absolutely prevent this person from getting the $1000.00 back is to prove that it was a gift and not a loan. Otherwise, he is going to claim it was a loan.

What proof do you have that this person sent you this money as a gift???

Also, you have a question of jurisdiction that you have not answered. He was in OK, you are in TN. Where we each of you when the gift/loan was made (not cashed)?? If both in OK, then the lawsuit appears to be valid. If in different states, he lawsuit would have to be filed in your state (or possibly federal court).

All the other 'stuff' that you threw in your message is irrelevant to the case at issue.

 

[racer72]

This worked for a freind.

A friend sold a car to a fellow who planned to travel from Washington state to New York. He paid only $600 for the car and the car was sold "as is". The car's transmission failed in Ohio and the buyer spend $1500 to have it repaired. Upon reaching New York, the buyer sued my friend for the $2100, $1500 for the car repairs and $600 for selling a "defective car". I drafted a letter for my friend to send to the court in NY. I stated that the car was sold as is, where is, and that the buyer assumed all responsibility once he took possesion of the car. But none of that mattered. The last line of the letter added that it would be a hardship to attend a court proceding in another state and that the laws of my state and the state the lawsuit was filed may conflict. The suit was dismissed to to respondant hardship and the car buyer was informed it would be his responsibility to pay for my friend to come to NY if he wished to refile the lawsuit. A letter to the court in OK expaining that it would be a hardship to attend (travel costs and lost wages) and that the transaction took place in another state and that the laws of the state where the transaction took place should apply. Worked once, may work again.