Full question:
I live in Atlanta, Georgia. I received 2 personal checks from a person that lives out of state (Detroit, Michigan) which were considered as gifts of money for a total of $950.00. When I deposited the checks, they did not clear. How do I go about making a case in court to make this person pay me back the money that was on the checks?
- Category: Gifts
- Date:
- State: Michigan
Answer:
Gifts are generally not enforceable like contracts because they lack consideration, meaning they are given without anything in return. Courts typically do not enforce promises to make gifts unless there is proof of detrimental reliance. For instance, if a charity relies on a promised donation to make significant commitments, the gift may be enforceable.
To prove a gift was made, there must be delivery by the donor and acceptance by the recipient. Courts have determined that the delivery of a gift via check is not complete until the check is cashed. The donor can revoke the gift before the check is presented for payment, such as by issuing a stop payment order. Ultimately, it will be up to the court to assess whether the donor intended to revoke the gift based on the specific facts and circumstances involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.