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Unpaid loan

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nona

Guest
I live in the state of Hawaii and my sister in law took out a loan to pay off debts for her boyfriend. The loan was co signed by him and he verbally agreed with her to pay off the portion of the loan that was used to pay off the debts that were his. There were checks that were issued to the different companies that were being paid off directly from the loan so she has documents showing that those bills were specifically paid off with the loan. She also has documents showing that she was the only one that made paymens to the loan. Does she have a legal right to get money from her now ex-boyfriend for the portion that was paid for his debts? He is also in the military so is there a legal aspect for military personel?
 


L

lawrat

Guest
Oh boy, this is one big fight on this person's hands. Why? Because it might be construed as a gift.

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 

JETX

Senior Member
Lawrat is absolutely correct. The fact that she has checks drawn on her account and paid to her "ex's" debtors only proves that she paid them, not that there was any agreement for him to repay her. And, since she did this apparently without any written agreement, she will now have to prove to the court that they were in fact loans, with a repayment committment by the 'ex'. Without a formal agreement, she will claim 'loan', he will claim 'gift', and the burden of proof is on her.

One suggestion...
Send the ex a certified RRR letter providing full details of the loans (amounts, dates paid, to whom) and also detailing any repayment conversations or agreements. Provide whatever is necessary to support her case. Then close the letter with something like... "Bob, you promised that you would pay me for these loans and you haven't. This has caused me great financial hardship and I really need for you to repay me as promised. If you don't agree that these were loans, or disagree with any of the above statements, please contact me in writing within 10 days from reciept of this letter. If you don't contact me, you will be confirming that these payments were loans and will be forcing me to consider taking further action."

If he answers, at least you have his position and if he doesn't anser, you have at least SOMETHING that might help her case.

As for him being in the military, it might actually be of help. His location is easy to find and the MCOJ (Military Code of Justice) recognizes Civil court judgments and STRONGLY suggests its members pay them (in fact, military wages can be garnished even in states that don't allow it).
 

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