About a year ago a friend of mine was a buying a house and needed money for a down payment on her mortgage.. I agreed to lend her the money and she agreed to pay me back .this was just a verbal agreement and was not on paper. However a gift letter was drawn up which we both signed . As of lately I been trying to get my money back from her and she's been ducking and dodging me . Now is there any way of me taking her to court for this ? I also notice on the gift document where it states "relationship " it has "brother" can I use that as false documents if there's a chance this will stick in court and I have a chance of getting my money back ?
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Can I sue for repayment of "gift letter"
- Thread Starter Aplus
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army judge
Super Moderator
Your FORMER FRIEND snookered, hoodwinked, bamboozled you and your kindness.
You didn't loan her anything, and the documentation you have says you GIFTED her/him the money.
You can sue her in small claims court, but I see three problems that will impede your success:
1) even IF you prevail, she/he is a deadbeat, flat broke busted, because she/he had to beg money from you and can't repay you.
2) you only have your word against his/her word.
3) the biggest problem for you is the document you both signed announcing your GIFT.
Chalk this up to the cost of living and learning and getting smarter with each mistake you make in this silly little game we are forced to play called LIFE.
Next time anyone asks you for anything use my favorite word that every two year knows all too well: NO, NO, NO, NO, NO, NO - and it always help if STOMP both feet, clench both fists, then shake those fists, while shouting = NO, NO, NO, NO, NO, NO!
mightymoose
Moderator
Your money is gone.
Your best bet to get any of it back is to play nice and be patient. Maybe you can get a hundred dollars here and there.
Your best bet to get any of it back is to play nice and be patient. Maybe you can get a hundred dollars here and there.
army judge
Super Moderator
I responded that you can try.
A court case, even one where you prevail, doesn't mean you get a check.
If you take the matter to small claims, then you prevail, you receive a court issued IOU saying "Lester owes Lucy $500".
You then have to chase Lester to collect the money.
In Texas, that is nearly impossible, not just in your case, in about 95% od the cases.
Texas is a very debtor friendly state.
As suggested by my ever so clever friend, Mr. Moose, playing nice, begging for twenty dollars here and there will probably get you some money back, faster and even ore than going to court.
adjusterjack
Super Moderator
No, there isn't.
In fact there is more of a chance that you will go to jail for mortgage fraud if you admit in court that you signed a "gift letter" when the money was really a loan that you expected to get back.
Chalk it up to a life lesson from the school of hard knocks and let it go.
army judge
Super Moderator
As the old saying goes, "An ounce of prevention is worth a pound of cure."
Hence my suggestion to always say NO, unless you want to give your money away.
People are notorious for deceiving, heck many friendships are founded to set you up to get fleeced.
Sad, but such is human nature, beware of everything.
Years ago in the jungles of Viet Nam, THIS DUMMY (that would be me) was fortunate to be taught that everything on this planet is inherently dangerous and could potentially kill or maim you.
That, my new friend, has allowed me to survive many dangerous predicaments.
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