What to do if afriend gifted me $300 and now says that it was a loan and they want their money back?

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What to do if afriend gifted me $300 and now says that it was a loan and they want their money back?

I told him that I would pay him back if he wanted it that bad, but I don’t have the money right now. There was never any paper documentation on this event at all. He said that he would get a warrant on me and I’m just a single mom and I told him I would pay him because I’m all my kids have. Can he really get a warrant on me for a gift?

Asked on August 3, 2011 Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states, a gift once given to the person who it is intended to be given cannot be forced to be returned. If your friend has no promissory note or any evidence that the $300.00 given you was anything other than a gift, then you need not return the money presented you.

For your friend to threaten criminal prosecution such as an arrest warrant to obtain leverage in a possible civil matter is a crime called "extortion". He cannot obtain an arrest warrant for a $300.00 gift made to you.

If he continues to bother you, you should consider obtaining a restraining order preventing him from contacting you further.


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