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unpaid personal loan to family member

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redbirdxpress

Junior Member
What is the name of your state?What is the name of your state? North Carolina (we live in NC, his sister lives in Ohio)

Several years ago, my then husband and I borrowed $3500 from his sister to help us when he quit his job. One check was made payable to us for $2700, and the other $800 directly to our apartment complex. We made a few payments (around $300 and then my husband told me we didn't have to pay it back). We never signed anything, however, she did send us a detailed list of how the money was supposed to be spent based on numbers I gave her, telling us to get back on our feet and then start making payments to her. This was in April of 1998. Then, in October of 2002, she paid our rent for two months at our apartment due to my husband being between jobs again. Both checks were written directly to the apartment complex. We made several additional payments totalling around $700 since then plus the other $300 for a total of $1000.

My husband and I split up three weeks ago. Today, in the mail, I got a letter from her asking for the full balance of $5000 less any payments we had made (I believe we paid back around $1000) by 4/30/05 or at least half of the money, or she would pursue legal action against my husband and myself. There is no way either of us can come up with anywhere near that amount of money (we're both trying to make ends meet by ourselves--me with two kids to support), and my husband is living in a motel. She has threatened legal action with wage garnishment.

I am more than willing to make monthly payments to her until my $2000 is paid in full, but cannot get a loan because my husband ruined our credit with job-hopping, and I only have $900 in the bank, $400 of which is money my aunt gave me to get damage she caused to my car fixed. I don't want another judgment against my credit, but can I stop it?

Can she sue and collect this $4000 if we can't pay it back within 6 weeks? Can she garnish our wages? What can I do to stop this? I want to pay her back, but cannot possibly do it in six weeks.

Help!!!
 



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