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Mother-in-law threatens suit

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jford000

Junior Member
What is the name of your state? Oklahoma

Mother in law gave husband and I $3000 dollars 1 year ago. Stated no hurry to pay back - wait until we sold the house we were buying later down the road. We paid her some money each time her telling us not to worry about it, and in one instance never cashed the check until husband got laid off. Explained layoff, again told us not to worry about it, we'll settle up later down the road even one point calling it a gift.

Now fastforward, she's mad - she demands payment in full. Threatening to sue. No agreement signed, however emails with us saying we are paying you $100... her replying with no worry...

Help, are the emails admissable? I can't pay in full?! She won't take payments, what to do?
 


seniorjudge

Senior Member
jford000 said:
What is the name of your state? Oklahoma

Mother in law gave husband and I $3000 dollars 1 year ago. Stated no hurry to pay back - wait until we sold the house we were buying later down the road. We paid her some money each time her telling us not to worry about it, and in one instance never cashed the check until husband got laid off. Explained layoff, again told us not to worry about it, we'll settle up later down the road even one point calling it a gift.

Now fastforward, she's mad - she demands payment in full. Threatening to sue. No agreement signed, however emails with us saying we are paying you $100... her replying with no worry...

Help, are the emails admissable? I can't pay in full?! She won't take payments, what to do?
If she takes you to small claims court, get the e-mails and all other evidence that will help you and go to court and tell your side of the story.

You have a 50-50 chance of winning, more or less.
 

badapple40

Senior Member
Why don't you get certified copies of the bank records, showing partial payments, and the fact that you were paying in parts.

That constitutes a course of dealing. Which, with the certified, admissible bank records showing the partial payments, will likely satisfy the trier of fact that such was the case.

When she gave you both the $3,000, did she get that in writing? Did it allow for acceleration of the payments?

I'd say you have a good argument that the full $3,000 is not currently due and owing. That said, at some point in the future, it will become due. When that is will be for the court to figure out based on past practice.
 

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