Re: verbal agreement money loan

[andrewp10]

Hello, my situtation is that my wife had been a visitor to California in 1999 (before she was married to me) and she had lent to her Uncle $4000 and $8000 U.S. at two different occasions with a verbal agreement of him returning the money. My wife is now with me in Canada and we have been in contact with her uncle for the last 6 months and we have been asking him for the money but he has still not given us the money. I think he is taking advantage of the fact that he is the uncle and that out of respect he doesn't have to give that money back. We are concerned that we may not get the money back. Is there anything we can do in terms of a legal standpoint. We want to take take him to court for the money and any related legal fees. I am not familiar with California laws. How strong are verbal agreemnts. Would a court case occur in Canada or in California. If someone has any idea how to go about this case please let me know.

Andrew

 

[I AM ALWAYS LIABLE]

Hello, my situtation is that my wife had been a visitor to California in 1999 (before she was married to me) and she had lent to her Uncle $4000 and $8000 U.S. at two different occasions with a verbal agreement of him returning the money. My wife is now with me in Canada and we have been in contact with her uncle for the last 6 months and we have been asking him for the money but he has still not given us the money. I think he is taking advantage of the fact that he is the uncle and that out of respect he doesn't have to give that money back. We are concerned that we may not get the money back. Is there anything we can do in terms of a legal standpoint. We want to take take him to court for the money and any related legal fees. I am not familiar with California laws. How strong are verbal agreemnts. Would a court case occur in Canada or in California. If someone has any idea how to go about this case please let me know.

Andrew

My response:

Oral (verbal) contracts in California have a 2 year Statute of Limitations. If the Statute hasn't been blown, then you're surely going to run into trouble getting past the Statute of Frauds.

Since the loans were made in California, California Small Claims Court is the proper jurisdiction - - and, within the County of California where the loans were made.

You really need to speak with a California attorney, by telephone, as fast as possible, because you need a thorough explanation of the above potential problems.

I have a sneaking suspicion that good 'ol Uncle knew these problems were going to hit you, and was "stringing you along" hoping that you might blow the Statute of Limitations and / or the Statute of Frauds.

Good luck to you.

IAAL