Verbal Contract Admissable???

[SoTiredinTexas]

What is the name of your state? Texas


When my ex and I seperated/divorced last year in May, he assumed a loan from my mom. He paid on the loan monthly, was late every now and again, but for the most part, he continuously paid the loan. After income tax time and he owed the IRS money, he stopped paying her because he felt he should have received some of my income tax return.. (TWO TOTALLY SEPERATE ISSUES!). He has emailed my mother several emails stating the check is in the mail, I am sorry it is so late, I am really trying, etc.... He has not paid her in two months. This is a loan with a balance of $4,300, the monthly payment is taken directly out of her bank account.

She does not have a written contract with him, nor a Promissory Note. What is the likelihood of her taking him to and winning in small claims court? His complaint is that the loan was acquired when we were married and paid off credit cards that we both used.... Well, the credit cards were all his, and I still have the debts that he was suppose to pay off with this loan.

Any and all advise is helpful.

 

[Happy Trails]

What is the name of your state? Texas


When my ex and I seperated/divorced last year in May, he assumed a loan from my mom. He paid on the loan monthly, was late every now and again, but for the most part, he continuously paid the loan. After income tax time and he owed the IRS money, he stopped paying her because he felt he should have received some of my income tax return.. (TWO TOTALLY SEPERATE ISSUES!). He has emailed my mother several emails stating the check is in the mail, I am sorry it is so late, I am really trying, etc.... He has not paid her in two months. This is a loan with a balance of $4,300, the monthly payment is taken directly out of her bank account.

She does not have a written contract with him, nor a Promissory Note. What is the likelihood of her taking him to and winning in small claims court? His complaint is that the loan was acquired when we were married and paid off credit cards that we both used.... Well, the credit cards were all his, and I still have the debts that he was suppose to pay off with this loan.

Any and all advise is helpful.

Oral agreements are admissable in court, just harder to prove. Sounds like you have other documentation to help verify it.

If your mother decides to sue, she would have the burden of proving he owes the money. Then if she wins a judgement in her favor, she may still find herself in the same predicament. (Trying to collect.)