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  1. #1
    Join Date
    Oct 2014
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    Default Re: Third Party in Pa Gifted Me Money Now Their Power of Attorney is Asking for It Ba

    Quote Quoting jk
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    I understand your points taxing matters but when you view it from a common sense approach, a stranger gifting money for no reason is very difficult to believe. Regardless what the op claims, if this were to end up in front of a jury, the situation could be hard to overcome. If it came to believability of the parties it's more likely a jury would not believe it was a loan.
    It’s hard to believe that a stranger might make such a gift, but it does sometimes happen. It is hard also to believe that a stranger would make a loan of a large amount of money to someone without getting the loan agreement in writing, but it sometimes happens, too. So both are hard to believe, and I don’t think one is necessarily harder to believe in the abstract than the other. The fact remains that the guy seeking the money back is the one with the burden of proof. He has to come forward with enough to convince a jury or judge that he has a right to get the money back. If his only evidence on that is his own testimony, that’s a problem since it is obviously self-serving. The same problem exists, of course, for the OP if his testimony is all he has. So, absent something other than just the conflicting testimony of the two people involved, it comes down to which of them the jury or judge believes more. Ties go to the defendant since the plaintiff has the burden to prove the case. In my view, were I on the jury, unless there was something really compelling in the story told by the plaintiff, I’d likely say he hasn’t proven his case and go with the defendant. I just have a real hard time believing someone is really going to be stupid enough to make a large loan to a stranger and not get the agreement in writing.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Third Party in Pa Gifted Me Money Now Their Power of Attorney is Asking for It Ba

    OP has chosen a very interesting screen-name given the context of this thread ... I'm jes' sayin'

    (I mean ... really, guys)

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Third Party in Pa Gifted Me Money Now Their Power of Attorney is Asking for It Ba

    My suspicion -- the OP has a friend who is using his power of attorney to use an elderly person's finances as his personal piggy bank. With or without a "wink wink, nudge nudge," he misappropriated funds to help his friend get out of a financial fix. Now he's under investigation for having stolen many thousands of dollars, and he's scrambling to restore the money that he pilfered.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Third Party in Pa Gifted Me Money Now Their Power of Attorney is Asking for It Ba

    Mr k may have hit it on the head


    one additional problem that may be present: the now poa is also the family member that introduced op to the money guy. It could be a 2 against 1 fight.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Third Party in Pa Gifted Me Money Now Their Power of Attorney is Asking for It Ba

    Family acquaintance.
    Gift-out-of-nowhere.

    I'm almost shocked the word "consigliere" hasn't popped up yet.

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