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denverb

Member
What is the name of your state? Minnesota

i loaned my son $3000 about 5 years ago. nothing was signed or done in writing. he had been making payments to me for a while. now we had a falling out and he is no longer paying me. is there anything i can do to get the rest of the money he owes me or not since there is not anything signed agreeing that it was a loan and not just a gift?
 


H

hexeliebe

Guest
Invite him over for a 'reconciliation' dinner. Then when he's had too much eggnog, beat the living crap out of him, stick him in the oven, turn it to 440 degrees and thank him for providing Christmas Dinner.
 

denverb

Member
i take it that's your way of saying i have no legal recourse?

very descriptive by the way. damn kids - never thought i'd have to worry about something like that with family. i guess i've learned my lesson on that one!
 

BL

Senior Member
Ok depending on how much is owed , assuming you have copies of the checks and what the payments were for , file either small claims or if higher than the statute allows, a civil suit.

The worse that can happen is your Pitition is dismissed.

Whithout proof of what the payments were for though, I doubt if you could prevail .
 

JETX

Senior Member
"is there anything i can do to get the rest of the money he owes me or not since there is not anything signed agreeing that it was a loan and not just a gift?"
*** Yes. And though the burden of proving that an oral contract existed is on you, it should be fairly easy to show that payments were being made to you for SOME reason. Further, you should provide some proof that the funds were actually 'loaned', like a check or bank withdrawal statement.

A contract (written or oral) is valid in Colorado for 6 years, so there shouldn't be an SOL issue, even if he hadn't made recent payments (each of which reset the SOL 'clock').
 

denverb

Member
thanks for the info. i live in minnesota which i stated in the first post - what is the SOL for mn? thanks!
 

JETX

Senior Member
Sorry about that, I was trying to answer several different posts and got yours mixed up with one in Colorado.

However, it really doesn't make any difference, since Minnesota is also 6 years for written and/or oral agreements.
 

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