Q: My friend gave me money when I was on hard times and did not state it was a loan.
After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay back 800 dollars twice and the friend refused citing that he doesnt want that and he doesnt have to accept anything at all. Weeks later and now I have to show up in court. Is there a way to counter-sue? I could potentially lose my job over something that is being fabricated.
A: I'm sorry to hear about your "friend."
Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity. Determining whether the money was a loan or gift will depended on the personal/professional relationship with your friend, the facts and conduct leading up to the transfer, among a number of other considerations.
With that being said, it would be best to discuss this issue with a lawyer who can evaluate the entire transaction and defend you against your "so-called" friend in court.
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