Legal Question in Credit and Debt Law in California

Monetary gift repayment

Employer agreed to gift me $7,000 to help me move closer to job,7-9-01. I never thought it was a loan. I considered it compensation for my 15 years of service. I never made any payments. No terms or any other elements were discussed I have quit recently and now am being sued for repayment.His attorney sent a copy of the cancelled check which now shows 'personal loan' in memo are of check.The check was from employers personal checking account. Do you think this is an enforceable contract?


Asked on 1/12/05, 11:54 am

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Monetary gift repayment

You can defend this on the basis it was a gift since it was written individaully and not on the business account. Also, it seems that there may be a statute of limitations problem. A loan without a due date is due the date of the breach or the date of the loan. Please contact our firm if you need help in defending this case.

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Answered on 1/16/05, 1:24 pm


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