Legal Question in Credit and Debt Law in Pennsylvania

Anybody can sue anyone else at any time for any thing. The question is, will they win?

I have not seen the evidence and do not know the facts and you don't post any other than to suggest that this was a gift.

What evidence does the giver have to show this was a loan? What evidence do you have to show this was a gift?

For example, if there was a written promissory note signed by you showing you promised to repay, it is fairly clear that is a loan. If you have a copy of a check made by the donor with the words "gift" in the memo line its fairly clear that it was a gift.

Cases are seldom that clear. You may have nothing in writing. Nor would the donor. If that is the case, then it becomes a "he said she said" situation and the judge will have to decide who is telling the truth from the evidence and other circumstances.

Some other facts which may not be relevant - what was the age and mental status of the donor at the time the gift was made? If the donor was found to have Alzheimer's shortly after the gift, the donor or his/her caretaker will argue that you took advantage of a mentally challenged person. Or it may be that the donor will claim that they made the gift but that it was procured by some fraud or undue influence on your part. What were the other circumstances surrounding the transaction? How was the gift made? These are also relevant.

What I would is go and hire an elder care or probate litigation lawyer. Or at least pay one to review the situation with you. The reason is that practitioners in these areas may be more familiar with undue influence/fraud claims and may be able to best help in your situation. If a lawsuit shows up, you need to defend it and file an answer. If it was a gift, then this will be your defense.

I agree with everything Ms. Hunter said and would only add that I am available on a free initial basis by phone or e-mail to discuss.