Denver, CO asked in Family Law and Collections for Colorado

Q: My sister (located in virginia) has been served papers by our father suing her for $7,000 he gave her as a gift for a

Car and as payment for 4 months he lived with her. (Long story short, he's a drug and alcohol addict and she took him in during his latest relapse). He verbally told me over the phone that he "gave" it to her and told her the same. Her housemates were there and also heard it referred to by him as a gift. There was never any implication that she should pay him back or any timeframe discussed. Her choices are to dispute the charge and go to court or pay him the money. It all seems was so clear it was a gift. But since there's no document saying that does he have a chance at this?

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1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Louisville, CO
  • Licensed in Colorado

A: She should be sure to respond to the court papers in order to dispute the claim. Without any paperwork, it will come down to testimony presented in court by her and any witnesses. The court can find it was a gift if that is what the judge thinks after hearing all the evidence.

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