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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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My father gifted me $60000 on a check. Then turned around and

Resolved Question:

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.
Submitted: 4 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Under Ohio law, once a gift of money is made and accepted, it can't be unilaterally rescinded.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.

J.Hazelbaker :

The question is whether the note you signed is a binding contract against you.

J.Hazelbaker :

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.

J.Hazelbaker :

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.

J.Hazelbaker :

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.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer: He asked me to write I owe Steve everhart 60000 and I signed it. No witnesess no notorized signing . Will I have to pay him
Customer: Please respond
J.Hazelbaker :

Not if you can show that you signed the note/IOU under duress. That is, were forced to do so.

J.Hazelbaker :

If you can't show that you were forced to do so, then the note could be enforced in court.

J.Hazelbaker :

By "force" I don't necessarily mean physical force.

J.Hazelbaker :

Verbal harassment, threats counts just as much as physical force.

Customer: He wouldn't leave my house until I signed
J.Hazelbaker :

That is considered duress. You have a good defense against your father.

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