Legal Question in Civil Litigation in Texas

In October of last year a lady who was like my aunt offered to pay off some fines for me. We went down to the court house together and she paid this in cash. At the time i told her i would pay her back but she insisted for me not to worry about it. Now 6 months later she is wanting to take me to Small Claims court saying the money was a loan. I have told her that she did not express it as a loan to me, but since i know she needs the help I can try pay back as i can or even work it off with her. I have tried to contact her several times but she refuses my efforts and just wants to sue me. what do i do? Have i screwed myself?


Asked on 4/20/11, 10:58 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Write her a letter (paper letter) and tell her that you appreciate her having paid the fines for you. Tell her that if she needs financial help you will do your best, but that the gift she made was expressly a gift, and not a loan.

She isn't going to sue you.

Be careful what you say to her in the future about this matter - in fact, don't discuss it with her at all, or she can misquite you (in court) if she DOES sue you.

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Answered on 4/20/11, 11:40 am


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