Do I need to get an attorney? Do I have any legal rights? Like counter suing or something?

Question

Do I need to get an attorney? Do I have any legal rights? Like counter suing or something?

Anonymous May 6, 2015 3 views 3 answers

Back in August 2014 my sister and her husband surprised me and my family with brand new a/c unit for our mobile home. They came to visit one day and our house was a little hot. My sisters husband is in real estate and he said he had his own A/C guy that would come look at our unit. 2 days later 2 men show up at my home with a new unit and installed it. I called my sister right away and told her as much as I appreciate her kindness we really couldn't afford that. She told me not to worry about it that it was a gift. Even after that I sent a text to her husband and asked him to please allow me to at least pay him monthly. I'm not positive if he replied to that text or if it was when we saw him next that he again told us it was a gift. In December my sister and I had an argument and haven't spoke since. Last month my sisters husband contacted me via telephone and informed me that he was getting an attorney and suing me for the cost of the air conditioner plus interest. He said that I was supposed to pay him back and never did. That is no where near the truth as I have already expressed how hard I tried to pay him back only him to tell me not to worry about it, it was a gift. I have no idea the cost of the Air Conditioner unit. I have never seen an invoice and I never signed any paperwork. I don't even know how he could take this to court. He as a family member gave us a gift and 7-8 months later he gets upset out of the blue and wants to sue me for something I never even asked for. There's a lot more to this but this is what I need to know... What are my legal rights? I get texts messages and emails daily about this and its really starting to get to me.

Gregory Mack · Accepted Answer · 2026-06-15T14:30:52+00:00

That is a lot of facts that raise a host of legal issues. You should hire an attorney to protect your legal interests and guide you through this matter. Once you find a lawyer, you can tell them how everything played out and let them determine whether you can consider this a gift and blow off the threats of the husband. Good luck.

Richard Jonathan CahanLandlord / Tenant LawyerRound Rock, TX · Accepted Answer · 2026-06-15T14:30:52+00:00

A review with an attorney may be worth the effort. On the other hand it might be worth telling them to go a head and sue you, you have nothing they can take and never agreed to pay them (or were never obligated to pay them) anything. If they do sue then seek legal advice at that time. Even if they get a judgment there isnt much they can take if anything at all. They would spend more than the unit is worth on attorney fees if they actually retained one.

Dwaine Massey · Accepted Answer · 2026-06-15T14:30:52+00:00

From your post, it does not sound like you have a claim for affirmative relief such that a counterclaim would be appropriate at this time, but it certainly sounds like yours is a defensible case. Too bad the relationship has deteriorated to this point, but you cannot really stop them from suing you. Preserve you evidence. If you are sued, do not ignore it. Get counsel and timely file an answer. Based on your post, you should prevail as a gift is just that.

Do I need to get an attorney? Do I have any legal rights? Like counter suing or something?

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