What to do if afriend gifted me $300 and now says that it was a loan and they want their money back?

UPDATED: Aug 3, 2011

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What to do if afriend gifted me $300 and now says that it was a loan and they want their money back?

I told him that I would pay him back if he wanted it that bad, but I don’t have the money right now. There was never any paper documentation on this event at all. He said that he would get a warrant on me and I’m just a single mom and I told him I would pay him because I’m all my kids have. Can he really get a warrant on me for a gift?

Asked on August 3, 2011 Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states, a gift once given to the person who it is intended to be given cannot be forced to be returned. If your friend has no promissory note or any evidence that the $300.00 given you was anything other than a gift, then you need not return the money presented you.

For your friend to threaten criminal prosecution such as an arrest warrant to obtain leverage in a possible civil matter is a crime called "extortion". He cannot obtain an arrest warrant for a $300.00 gift made to you.

If he continues to bother you, you should consider obtaining a restraining order preventing him from contacting you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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