Posted by
eko
18 yrs ago
i don't know much about law in china or how a foreigners rights stack up so im wondering: if someone gives you money as an act of friendship and later demands the money back when the friendship goes sour, do they have any way to legally pursue the money from you through financial agencies etc.? There is no written or oral agreement whatsoever to support this situation-i realize this is a pretty simple and ridiculous question on my part but being fairly new to china and knowing little of its' laws, im wondering if the threats being received to be tracked down and legally forced to pay have any substance to them whatsoever.
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If it is really a gift, once it is handed over to you, it is yours.
However, the issue is always how can you be so sure that it is a gift?
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eko
18 yrs ago
well, if someone says not to worry about every having to pay it back several times, id assume its a gift. there was no agreement on paper or anything else to pay it back until after the relationship ended.
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eko
18 yrs ago
and even then there was no agreement. the person in question just abruptly changed their mind and demanded a payment schedule or else there'd be collections companies sicked on me.
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You assume. I don't know whether a judge is going to accept your assumption. Good luck.
No written agreement does not equal to no debt. If the money is TT to you, the TT form is an evidence he can show to the court that you own him money. It is responsibility to prove that it is a gift.
If the money is given in cash notes, sometimes, the recipient may claim that he or she did not receive it. So, the case may become very complicated.
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I'm not quite sure why a new (presumably as you say you haven't been in China very long) friend would give you money and you would not question it. In China a "gift" can be a bribe. You were treading on dangerous ground the moment you accepted it.
Pay it back and get a receipt confirming all monies have been paid in full and that there is no outstanding debt owed by you. The law in China is not independent and it is applied subjectively. Do not expect it to take the word - and side - of a "foreigner".
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eko
18 yrs ago
well, it was a girlfriend and i never once asked her for money and i actually questioned it and politely turned her down several times before accepting her offer, which she continued to make-she had reiterated many times that money was not important and there would be no need to pay it back-this of course all changed when things ended-anyway, im dealing with a jekyl and hyde type of unstable person here..the last part of your advice is what i figured-i don't mind giving the money back but being that this person is unstable and throwing fits and threats, I wanted to know if they could actually cause trouble for me over this-thank you for your time and for confirming what i figured...i appreciate it very much.
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Don't get it. You don't mind giving the money back and yet, because of her charactor, you are not giving her back. Is that what you mean? Are you planning to give her back or otherwise? Isn't she creating the problem because you are not giving the money back to her? Just don't get it.
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