What constititues blackmail regarding a loan and/or a gift?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constititues blackmail regarding a loan and/or a gift?
My girlfriend and I have been together for 4 years and have been engaged for a little over year.nHer parents are not rich but comfortable, both of them are retired from the banking industry. My fiance and I are both over 40 and do not live together. In the last 4 years my business suffered in this economy so over the last 2 years her step-father has given me $8k. No contract was asked for nor was I asked to pay it back. That being said, do I intend pay him back, am I morally obligated to repay him back – absolutely. For the last 18 months, her parents have been pushing vigorously for us to get married. The only reason we have not is because we have been trying to save money for the wedding. Then 3 days ago her stepfather decided my fiancé and I were not moving fast enough to the alter, so during a phone call to my fiancé’s stepfather (with the speaker on) he floored both of us by saying that if I did not set a wedding date by the end of this week, he was going to sue me for the $8,000. Am I being blackmailed?
Asked on October 3, 2012 under Bankruptcy Law, Alabama
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
This isn't blackmail-- it's really an empty threat if the $8000.00 he gave you was a gift. Even though you feel moraly obligated to pay him back, if there was not a clear communication that it was loan, then he doesn't have a basis for seeking repayment of a gift. If for some reason he does try to sue you for the $8000, even though it was a gift, then you would have a basis for a counter-suit for any attorney's fees that you incurred. Unfortunately, many people file baseless lawsuits each year. It sounds like Dad is just freaking out and concerned that he has been conned into giving someone $8000 that he thinks has no intention of marrying his daughter. A family sit-down would be cheaper than a lawsuit for both sides. Explain to him that you are saving for the wedding, but if you have to hire an attorney to defend the suit, then you will have to stall the wedding further because you will have to redirct funds. This is not blackmail either, it's just a simple explanation of financial facts.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.