Return of borrowed money

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Latest post 04-01-2009 11:26 PM by Drew. 4 replies.
  • 04-01-2009 7:27 PM

    Return of borrowed money

    My mother gave my aunt $2400.00 to borrow in agreement to pay back. This was never in a written agreement saying when to pay back or how much. She has not sent anything in 8 months and now that my mom confronted her she is claiming that a lawyer told her that she could pay  back only a dollar for the next 2400 months and it wouldnt matter because there was no agreement

    I will add we do have proof through emails that she knows she owes the money and on many occasions claimed to be paying that month although it was never the case.

    Can my mom take her to court?

  • 04-01-2009 7:36 PM In reply to

    Re: Return of borrowed money

    alicia m. mcclaran:
    Can my mom take her to court?

    Absolutely.

    And that $1 per month thing is baloney. It isn't going to fly.

    By the way, just serving auntie with a summons and complaint might scare her into paying up or making some sort of written agreement for appropriate monthly payments. And I wouldn't let auntie skate on even something like that without cash up front.

    Getting a judgment against auntie will allow Mom to garnish paychecks, levy bank accounts, file a judgment lien on property, and otherwise make life pretty unpleasant for auntie.

    And it isn't likely that auntie will pay a lawyer 200 to 300 per hour to defend her in a 2400 lawsuit.

    If I were Mom I'd would file in a heartbeat.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-01-2009 7:42 PM In reply to

    Re: Return of borrowed money

    thank you so much. She is just a rotten person and lied about what she needed the money for. Do you think her chances of getting the money in court are good?

  • 04-01-2009 8:24 PM In reply to

    Re: Return of borrowed money

    Based on your reference to emails I'm guessing that your Mom has a very good chance of winning a judgment.

    Collecting the money, on the other hand, can always be problematic. Especially from rotten people.

    However, having the judgment puts Mom a bit ahead of the game.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-01-2009 11:26 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,591

    Re: Return of borrowed money

    It depends lot on Moms credibility and her having her facts lined up --she bears the burden of proving she is right--that there was an oral loan backed up by repeated email and oral acknowledgements that is now due ---for the sum of XX



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