giving giftsback

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giving giftsback

my daughters boyfriend broke up with her and my daughter owes his parents money,
she is paying them back as they agreed on and they are threating small clams
court if she doesnt pay all back now she owes 2000 and he and his family are
asking for all gifts back that they bought her. does she have to give gifts back?
and can they take her to small clames court?

Asked on July 12, 2016 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) A gift, once given, cannot be taken back. If it was truly a gift and not a loan, the giver has no more legal right to it and cannot require its return.
2) However, a loan can be sued over...but only if the borrower violates the terms of the agreement (e.g. doesn't pay when she should have). As long as the borrower is repaying as had been agreed, she has done nothing wrong and there are no grounds to sue her.
The above does not mean they cannot file a lawsuit and require your daughter to respond (or lose by default) and defend herself in court--the courts do not "prescreen" lawsuits to see if they are valid, unfortunately. But based on what you write, your daughter should have a good defense to liability.


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