VERBAL CONTRACT

[Anonymous]

Does anyone know how binding this is.

I loaned my niece 6000 to fix her teeth and it looks

like she's not going to pay me back

Our agreement was 150 month and more when she got

a job.  All she had to do was recertify for LNA. 

Thanks

[llecs]

If you took her to court, she'll say, "What contract, your honor?"

Aside from writing it off, you could always coax her into giving you something in her writing that indicates she owes the debt...e.g., ask her to give you an explanation why she can't pay now or ask her to give you a budget working in the debt repayment, but showing the full amount owed. Depending on your state, you could use that against her.

[Anonymous]

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@llecs wrote:

If you took her to court, she'll say, "What contract, your honor?"

Aside from writing it off, you could always coax her into giving you something in her writing that indicates she owes the debt...e.g., ask her to give you an explanation why she can't pay now or ask her to give you a budget working in the debt repayment, but showing the full amount owed. Depending on your state, you could use that against her.

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Ilecs - that's pretty savvy - your brain cells are chuggin'!

[llecs]

I had two cups of coffee today...plus an energy drink. WIRED!!

[Anonymous]

casinoannie, has she gotten herself a job?  Sounds like she hasn't done that yet, because she didn't get recertified? 

[marty56]

I would contact the Judge Judy show but the most money you could get is 5k.  It's going to be hard to prove that it wasn't a gift unless there was a witness or she made payments to you via a check.

I am sorry that this happened since it was a lot of money and it most likely will trash your relationship with her and strain your relationship with your sibiling.

[Anonymous]

No she hasn't done anything about recertifying or getting a

job.  My whole family knows the agreement was made  including

my sister.  I do have the receipts.  One of which she signed my name.

  I don't think it would be hard to prove.

I am devastated that this has happened.  I broke

my own rule:  "never loan money to family or friends".

However my sister told me "she was afraid my niece might

die from the poison in her system".

To tell the truth I had a stroke but otherwise I wouldn't

mind giving her the money. 

[Anonymous]

casinoannie, I hope you're OK now, had no idea about the stroke. I guess this issue with the loan doesn't help matters any.

Marty mentioned Judge Judy, above.  I watched a show a while back, similar situation.  The ruling was that yes, the oral agreement was binding.  The entire oral agreement.  That meant that the agreement had not been broken unless the borrower had already gotten a job, and only then failed to pay. 

No job, no payment required...nothing to go to court over, 'cause no agreement had yet been breached.  But JJ made it quite clear that once that borrower got employment, the payments on the debt had better start, pronto...if not, there would be a breach, and the lender would prevail in a suit and win a judgement.

You know, you may have saved your niece's life with that loan, depending on how bad her dental situation was at the time.  I had an abscess because of a tooth I had neglected, and the dentist and the periodontist each told me how dangerous it was.  My understanding is that something like that can go directly to the brain in short order, and that'd be that. 

Is your sister making any attempt to help with this debt?  Sounds like she was the one who first approached you for the loan.  But in any event, they should be kissing your a** that you came up with the scratch for your niece to take care of the dental work.

I hope this all works out for you, annie.  You deserve better than what you're getting.

[Anonymous]

Look up your states statutes on oral agreements.  It should be binding, just harder to prove.

[RobertEG]

The primary issue, as I see it, is whether you are willing to initiate civil action to collect on a debt based on oral contract.

Oral contracts  are legal contracts, but obviously, due to their nature, dont have paper that a court can use to determine which party prevails.

So you go into court, and prove your case of contract by other means.

You have a lot of ammunition to potentially prove your case.  First, the day after you file your complaint, you or your attorney can obtain, under court-ordered discovery, a legal depostition from this person, and all account records pertinent to their payments against the debt.  If they lie under deposition, that is purjury.

Going into court, you then have their side of the sad story, through their legal deposition, and then can bring any witnesesses at your disposal to substantiate the oral meeting of the minds between you and the defendant, or to challenge anything the defendant has assserted under oath.

My only concern is the age of the alleged debt.  It may be outside of SOL.  I dont know your state SOL for defense against oral contract suits.  But even if SOL has expired, that does not bar you from bringing legal action.  SOL is just a defense, if the other party is saavy enough to know, or puts the money up to hire an attorney to assert, as a defense in court.

If I were you, I would hire an attorney.