Your son can wait for her to sue him in court (if she will). His defense could be that it was a gift from her to him -- if that's true. If it was a loan (and a verbal loan is enforceable, if proven), then I certainly can't advise your son to lie and say it wasn't. I will say, however, that the burden of proof will be on her to prove her case in court.

Even if a judgment is entered in her favor and against your son, does he have any assets? She would be unable to garnish his wages to collect any judgment, but she could attach bank accounts in his name and even have the sheriff sell his belongings (although she would have to front a couple hundred dollars before that could happen, and with plenty of notice to him). If your son has few tangible assets, though, he may be "judgment-proof" -- meaning she can't collect on the judgment at all and it's essentially worthless.

Best of luck to your son.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

cbh@carybhall.com

http://www.carybhall.com

If this was a gift and not a loan, then she is not entitled to payment. If she wants the money and he doesn't pay her, she would have to sue him to try to recover the money. If she would sue, there would be a hearing where he could defend against the claim by asserting the defense that this was a gift and not a contract.

If it was a gift was it conditioned that it would be a gift only if they got married then what you have is the engagement ring type case. In such cases who broken the engagement becomes relevant.

{John}