My father gifted me $60000 on a check. Then turned around and decided he wanted it back so he made me sing on notebook paper I owe him 60000 and signed it. Would it hold up in court and me have to pay him.
Country relating to Question: United States
State (if USA): Ohio
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Under Ohio law, once a gift of money is made and accepted, it can't be unilaterally rescinded. In other words, your father did not have a legal claim to force you to give the money back.
The question is whether the note you signed is a binding contract against you.
If it was singed under duress, then the contract would be voidable and you could defeat your father's claim, should he attempt to enforce it.
Moreover, enforcing it would not be easy as it is for more than the amount of Small Claims court. He would have to go to common pleas court, which is harder and more costly.
So, going forward, your position needs to focus on the fact that you were forced to sign the note and that you did not do so willingly.
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Not if you can show that you signed the note/IOU under duress. That is, were forced to do so.
If you can't show that you were forced to do so, then the note could be enforced in court.
By "force" I don't necessarily mean physical force.
Verbal Harassment, threats counts just as much as physical force.
That is considered duress. You have a good defense against your father.
Attorney and small business owner with 10 years experience in the general practice of law.
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