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Take son-inlaw to court?, w/oral & written contract

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minmn

Junior Member
Minnesota. I have a deadbeat son-in-law. We drew up a contract for money loaned to help him. It was signed by daughter and him. (no witnesses). Additionally, we received an oral promise to pay back money loaned to help with rent. Total owed = $3785.
Question: IF I file, does the court look at the case as money owed REGARDLESS of relationship status. Or, because it is my daughter and son-in-law, the court views it as a relative and no notorized contract... so it is 'too bad' ?What is the name of your state (only U.S. law)?

#2. IF I file, and win a judgement and he moves to NY do I have to refile in NY if I plan to attempt to have his wages garnished. (there is talk of moving next year).
 


racer72

Senior Member
1. The court does not care what the relationship is between the creditor and debtor, just that proof can be shown of the debt.

2. You can domesticate the judgment in New York. By this time you are going to find the expenses to collect will start approaching the amount you are owed, then you have to determine whether it is worth continuing with your collection efforts. Many of the expenses involved with trying to collect on a judgment from a different state will come out of your pocket and are not recoverable.
 

xylene

Senior Member
Confusing

Are you saying that your son-in-law ripped off your daughter

OR

That you son-in-law AND daughter ripped you off



That said, how will you prove your oral promise of repayment?

Also, what are the contract terms of the loan with a signed promissory note?
 
It shouldn't matter what the relationship is to the court. All they are interested in is satisfying your claim to be repaid.

If they went to NY you would have to file the Minnesota Judgment in the local court and request enforcement. They will have a chance to respond and possibly you could be denied the Judgment. They could claim they were never served, for example. You would then have to file a new claim in that court. NY is nice, but I take it you don't want to live there.

This could put a real damper on family relations too. You will have to sue the two of them, not just the S-I-L. How many parents want to be known as having sued their daughter?

Another thought to remember, you changed your kid's diaper, who will be changing your diaper when you get too old?

It's a tough situation to be in. Sometimes though you have to swallow your anger for the sake of family harmony. You have my empathy.
 

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