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family owes me money what do i do?

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J

jesterfester

Guest
What is the name of your state? Va. at the moment,


well long story short, my father died when i was 22 months old,
on a plane crash in Georgia, my mother and my sister and myself received a settlement, and my uncle borrowed some of the settlement from my mother for various purposes, the amount being $20,000 dollars. around the year 1980 . well the amount was never payed back , and he has since left the state where he borrowed from , (SOUTH CAROLINA) and now lives in Kansas.
i have a contract signed by him verifying that he owes the money
and i have his current address and information, but what i would like to know is if i can pursue this debt as old as it is, for my mother???


thanks for all your help and time reading this post....:eek:
 


I AM ALWAYS LIABLE

Senior Member
jesterfester said:
What is the name of your state? Va. at the moment,


well long story short, my father died when i was 22 months old,
on a plane crash in Georgia, my mother and my sister and myself received a settlement, and my uncle borrowed some of the settlement from my mother for various purposes, the amount being $20,000 dollars. around the year 1980 . well the amount was never payed back , and he has since left the state where he borrowed from , (SOUTH CAROLINA) and now lives in Kansas.
i have a contract signed by him verifying that he owes the money
and i have his current address and information, but what i would like to know is if i can pursue this debt as old as it is, for my mother???


thanks for all your help and time reading this post....:eek:

My response:

Sorry, but no. First, you don't have "legal standing" under the contract to enforce it. Second, even if you did have "standing", the Statute of Limitations on written contracts has long ago expired. It was your mother's obligation to enforce the contract and, since she didn't do so within the Limitations period, your Uncle gets a "windfall."

IAAL
 
J

jesterfester

Guest
thank you for such a quick responce, bad news as it is....
 

I AM ALWAYS LIABLE

Senior Member
jesterfester said:
thank you for such a quick responce, bad news as it is....

My response:

You're welcome. However, since this is "family", have you tried talking to your Uncle about this matter? Perhaps, on some "moral obligation" level, he'll succumb to pay the amount, or some lesser amount. Your argument would be that "Mom was nice enough to loan you the money when you needed it, so how about paying it back because that amount would have been in her Estate, and would have been her "legacy" to me."

I realize that the above comment isn't a "legal" suggestion, but since this is "family", the worst he could say is "No." Also, those who don't try, don't get.

Good luck my friend.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
My response:

Also, here's a legal "longshot" for you to try.

If you can get your Uncle to acknowledge the debt by paying, say $500.00, he'll think that that's the end of it, and you'll go away. However, what he's done by making a payment to you is to "give life" back to the contract, and will thereby start the Statute of Limitations all over again !

Then, if this all goes down as planned, you or the Executor of the Estate, can sue your Uncle in the name of the Estate; i.e., "Estate of Mom vs. Uncle", and perhaps get the entire amount. If the contract has conditions in it concerning interest, and cost of collection, can you imagine what the final amount could be?

You could turn this whole thing around !

IAAL
 
J

jesterfester

Guest
great idea!, now i just have to see what i can do about some collection.... does the fact that the debtor is in another state than where the contract was signed, im sure its gonna be harder to litigate if in fact it would come to that.
 

I AM ALWAYS LIABLE

Senior Member
jesterfester said:
great idea!, now i just have to see what i can do about some collection.... does the fact that the debtor is in another state than where the contract was signed, im sure its gonna be harder to litigate if in fact it would come to that.

My response:

It doesn't matter all that much that your Uncle lives in another State. The litigation would be filed in the State where the contract was signed, and to be performed; i.e., where the payments were to be paid and sent to. The only "difficulty" insofar as far as the litigation is concerned would be after the Estate wins the judgment, it would have to have the judgment "domesticated" in the Uncle's State of residence, and to use the laws from that State to collect the judgment. But, that's just another step in a situation like yours. But, from the beginning of litigation, your Uncle would be required to "defend" against the Estate's lawsuit in your State.

You would do well to run all of this past a "contracts" attorney nearby to you, in order to "set up" your Uncle to restart the Statute of Limitations "clock", and to discuss other potential strategies - - and their viability.

Good luck to you.

IAAL
 

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