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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33791
Experience:  Attorney with 15 years experience
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Someone lent me $18,000 and initially asked me to pay it back,

Customer Question

Someone lent me $18,000 and initially asked me to pay it back, although no repayment plan was formalized. He then said to use it for school and that I did not need to pay it back. Since we had some disagreements and he no wants the money repaid. I spent most of it and cannot repay at this point and I told him so. I am a divorcing stay at home mom with no income other than child support. He says he will sue me and put me in jail! What can he do, what would judge likely say if he took me to court, what is my best option?
Submitted: 7 months ago.
Category: Family Law
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..How long has it been since the loan was made?.Does the person have documentation for the loan or was it in cash?..thanksBarrister
Customer: replied 7 months ago.
Loan was given over span of about a year, not all at once. He just sent a letter detailing the amounts he has given and wanted me to sign it. It was all cash... I never asked for the money, he just gave it because he knew I could use it. Some of it was a loan for a car and I agreed to pay him $250/month. Then he told me not to worry about it and to concentrate on going back to school. Nothing in writing.however we discussed it in text messages
Customer: replied 7 months ago.
did you get my response?
Expert:  Barrister replied 7 months ago.
Just a few minutes while I research something..
Customer: replied 7 months ago.
ok
Expert:  Barrister replied 7 months ago.
Ok, if this money was given to you within the last 4 years, then if the person can prove that these were loans, then they could sue you for breach of an oral contract in court and get a judgment against you. I can't tell if the attached document is signed by you acknowledging that this is a loan or not..But if you signed it, then that would be proof that you agreed to repay the money and this would be much easier to prove for the lender..If they sued you and got a judgment, then they could try and collect on the judgment by levying on bank accounts and seizing personal property to sell. But if you are in FL, they can't garnish your wages or lien any home you own under FL law..He will have to hire an attorney to sue in a higher court because this is well over the small claims court limits and that will cost him a few thousand more. So he may decide that it isn't worth the money to do so since you could always file bankruptcy if you don't have much in assets and discharge the debt....thanksBarrister

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