Legal Question in Civil Litigation in Pennsylvania

am i legally bound to pay back

August 2003 I asked my parents for $4000 for bills after I found out that they have again sent my sister in Califonia $5000 for living expenses even though they pay most of her bills already. My parents agreed to give me $2500 right away. They said that they would then open an account with both mine and my fathers' name with $500 and that each month starting in Sept 2003 I would deposit $100 each month for one year and then at the end of the year the money would be mine. When i called my mother to find out the information so that I could make my first deposit she had told me that my father closed the account and took the money to Las Vegas. My father died in November 2003. Not until now almost a year later my mother insists that i owe her the money and the she is going to the district justice to file a case against me. There was never any written agreement between my parnets and myself.I feel that the money was given to me and i should not have to pay her back. My girlfriend was present to witness this agreement from the begining. Will I be legally bound to pay her back? I know this seems like a petty disfunctional family case but I would really apprecitate your expertise. Thank you for your time.


Asked on 8/23/04, 5:38 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Re: am i legally bound to pay back

Whether or not you have to pay the money back will ultimately be up to a judge. Nevertheless, without any documents, it sure sounds like a gift to me. In the absence of any loan documents with your signiture on them, and because the money came from your family, it is likely that the judge will agree that the money was a gift.

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Answered on 8/23/04, 5:53 pm


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