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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12059
Experience:  30 years as a practising solicitor.
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I'm trying to get help with a civil matter...

Customer Question

I'm trying to get help with a civil matter but struggling
My Stepmother gave me £60,000 following my Fathers death to put towards property. The next year she fell out with me and said that I owed it her plus adding £20,000 to the amount. I sent my notice to defend to the Sheriff Court with the fee as told and stated on the form. The cheque was sent back as they changed the amount. I then sent a new cheque. When I got home from abroad I was told that I had a decree against me because the second cheque was two days out of time. To cut a long story short, I have done a reponing note, and have a reponing hearing on the 26th April. I keep leaving messages with Solicitors, but they don't seem to want the case. What will happen at this hearing? Can she get away with now saying it a loan?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
The reponing note should specify your defence and the reason that decree was granted against you. Your stepmother can advance this case but you have to prove otherwise by putting your own side of the story. You have to know that in Scots law there is general preemption against gift. What that means in practice is that the onus of proof shift to you to prove that the money was a gift and not a loan. The lack of a loan agreement and any paperwork would be relevant. The fact that she inherited your father's estate would also be relevant in that she was giving you some of that estate voluntarily. I'm sure there will be other factors in your favour. I suggest that you arrange a meeting with a good litigation solicitor. Do not leave messages. Just arrange a meeting with the receptionist and go in person.