sister with holding MY money!

gareth_666

Hi can anyone help, I transfered a sum of money into my sisters bank account a few months ago and now she is ignoring my calls asking for my money back which is still in her account. Is there any action I can take, any advise would be gratefull,

elsien

Short answer - no.
By putting it into her bank account you have now made it her money. Unless you have a written agreement specifying for example that the money was a loan, with an agreed repayment schedule.

chanz4

sure you can, it was a gift

rogerblack

A written agreement is not required - however some sort of agreement must have been made that the money is not hers, otherwise, as was said above - it's a gift, and she doesn't have to give it back.
If there was an agreement that the money was yours, and you were due it back, then in principle, you can attempt to enforce this through the courts.

This will however be a _LOT_ simpler if you have a written prior agreement - otherwise it may be your word against hers.
Why did you do this? (the court will ask)
And it's a reasonable question.

whitewing

How do you know it's still there?

That is a good sign, presumably?

dealer_wins

Money will be long gone, along with the OP probably LOL

chattychappy

rogerblack wrote: »

A written agreement is not required
...
This will however be a _LOT_ simpler if you have a written prior agreement -

True, particularly as courts tend to presume that agreements made between family members are not intended to be legally binding.

Else you'd have kids suing parents for promised Christmas presents that fail to materialise. (Leaving aside capacity and consideration issues for a moment!)

bris

It could just as easily bee seen as a loan or the op may have had a very good valid reason. The trick is to get the small claims court to believe one over the other though.

Jules2012

Go round and talk to her, bring another family member.

jd87

Is this a real question?

chattychappy

Well the OP has asked the same question both here and in https://forums.moneysavingexpert.com/discussion/4424231. A day has passed and he hasn't been back to answer the points raised.