Windsor Mill, MD asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland

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.

2 Lawyer Answers
Rolanzo Richard White
Rolanzo Richard White
  • Gaithersburg, MD
  • Licensed in Maryland

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.

Bruce Alexander Minnick and Tim Akpinar agree with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
  • Estate Planning Lawyer
  • Tallahassee, FL

A: I agree with Mr. White 100%. I am responding only to warn you that your angry former friend may also try to claim that the money he gave you was for some service--which you never performed.

Tim Akpinar agrees with this answer

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