Legal Question in Civil Litigation in New Hampshire

Can you be sued for a gift?

My husband and I took in a family member who was in trouble and provided food, shelter and support at no cost to her for almost a year. She received a large insurance settlement and gave us 20K because she knew that we were in a very tight financial situation. She said she wanted to give back to us for helping her so much. She has now blown every penny of the setlement she received and is now coming after us for the 20K. Does she have a case? She now claims that it was a loan. There is no contract or documentation to support her claim.


Asked on 10/23/04, 10:14 pm

1 Answer from Attorneys
Roy Weddleton Granite Law

Re: Can you be sued for a gift?

Yes, she can sue but does not mean she will prevail. Whether it was loan or gift is a factual question and will depend upon the evidence she has that it was a loan and evidence you have that you provided certain services to her (receipts)and that she gave you the money in return for your help.

Even if not a gift, you may be entitled to the reasonable value of the goods and services you provided her over the year under what is known as a "quantum meruit" theory. If she sues you, don't be foolish and try to defend yourself. Get a lawyer.

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Answered on 10/25/04, 9:03 am


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