My husband's sister won a huge insurance settlement over 10 years ago. (she had a car accident and sued the driver's insurance and won a HUGE settlement)
Then, almost 10 years ago. She gave my husband about $5,000 to get out of credit card debt after he went through a divorce. Now, he is in the oust with the whole family for other reasons (his brother assaulted him..... and my husband was about the 3rd family attack by his brother in the past 2 years) And, my husband pressed charges. Now, the ENTIRE family is seeking vengeance on my husband for bringing the law in. So, his sister is suing him to get the money back. There was no agreement of a loan, or anything like that. She even left a message on our voice mail stating herself that this was a "hand-out" and she was going to sue him to make him pay it back. We have sent her certified letters requesting that she provide us with a copy of a legal binding agreement that was made between her and my husband. Her reply in writing was "it was my understanding that this would be paid back to me".
Fortunately, since she GAVE the money to him, he has told her that anytime that she needed help, he would do whatever he could to help her. And, we have written out several thousands of dollars in checks to her.
Our lawyer says she doesn't have a leg to stand on in any other court that small claims, but small claims is totally up to the judge. Is this true? We know that she is going to drag the entire family in to stand with her. And, more poor husband has no one other than me.
Can she really sue for this??What is the name of your state?
Then, almost 10 years ago. She gave my husband about $5,000 to get out of credit card debt after he went through a divorce. Now, he is in the oust with the whole family for other reasons (his brother assaulted him..... and my husband was about the 3rd family attack by his brother in the past 2 years) And, my husband pressed charges. Now, the ENTIRE family is seeking vengeance on my husband for bringing the law in. So, his sister is suing him to get the money back. There was no agreement of a loan, or anything like that. She even left a message on our voice mail stating herself that this was a "hand-out" and she was going to sue him to make him pay it back. We have sent her certified letters requesting that she provide us with a copy of a legal binding agreement that was made between her and my husband. Her reply in writing was "it was my understanding that this would be paid back to me".
Fortunately, since she GAVE the money to him, he has told her that anytime that she needed help, he would do whatever he could to help her. And, we have written out several thousands of dollars in checks to her.
Our lawyer says she doesn't have a leg to stand on in any other court that small claims, but small claims is totally up to the judge. Is this true? We know that she is going to drag the entire family in to stand with her. And, more poor husband has no one other than me.
Can she really sue for this??What is the name of your state?