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If someone gave me money can he sue me to get it back?

Asked by user in Georgia.

My BF and I started dating and I told him I was stressing about debt. He said don't worry, and he transferred me money.

Answered by Enjuris Editors:

Your boyfriend has a right to file a lawsuit against you. However, if the money was given as a gift, he doesn’t have a right to repayment and the court will dismiss the lawsuit.

In order to get the money back, your boyfriend will need to prove that you entered into a contract. This means that he’ll have to prove that both of you intended to enter into a contract and that you gave him something in exchange for the money. Based on what you told me, it doesn’t look like your boyfriend can prove any of these things.

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While a law student Mr. Yazinski clerked at Sullivan and Kight, and worked in the areas of general civil litigation, and criminal defense. He also served a clerkship with the Houston County District Attorney’s office in his last year of law school. Upon graduation from law school he began his practice with Westmoreland, Patterson, Moseley & Hinson. Mr. Yazinski has lectured both attorneys and employers on issues of employment law. He represents social security claimants throughout Georgia, at the administrative and the appellate levels.

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