• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

valid case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



What is the name of your state? Georgia

When I was getting divorced, my (now former) mother-in-law offered to pay off two credit cards totaling $8000.00. This was debt incurred by both me and my ex-wife. My former mother-in-law felt badly about the actions of her daughter and offered me this money to allow us both to move on. It was given as a gift. A couple of times since then I have offered to repay the money but have been told by her "not to worry about it". This gift was given in 1997 and there is no written agreement about it.

This past year, I was involved in a nasty custody battle with the ex-wife. While that has been resolved, the mother now harbors ill feelings toward me and is now saying that the moeny was a loan and is demanding re-payment. While she hasn't filed any court claims that I am aware of, I expect that she will.

I'm looking for advice on how to handle this situation. It was a gift (and given her conduct of late I have no intention of re-paying it now). Since it was an oral agreement, how do I go to court if it's a "her-word-against-mine" scenario? Also, Georgia code states that the statue of limitations for filing suit over an oral contract is 4 years. If she does decide to pursue this in small claims court, am I protected by this statute?


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential