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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Many years ago my ex-mother-in-law began monetarily helping

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Many years ago my ex-mother-in-law began monetarily helping my ex-wife and I pay bills and make it during some tough times. Now we are divorced and they are trying to get me to repay monies loaned to "me". First, doesn't my wife have some obligation since the monies were received in a marriage setting and she received mutual benefit from the funds? Secondly, do they have any legal leg to stand on since I nor she ever signed anything of repayment nor have I ever been informed of the amount "I" owe and a repayment schedule was never set up nor signed either? The mother-in-law lived with us for a time and did not pay rent as we all agreed at the time what she would put towards rent would go to this unknown debt number. Supposedly the Mother-in-law has kept track of the amount owed and nay payments received over the years but I can not verify that to be true. We all live in the state of Missouri. Do they have any legal standing to collect from me???
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

No, they do not. Unless your ex-mother-in-law can show a written contract where you agree to repay (or a verbal contract that can be backed up by proof such as witnesses), then she has no real case. Someone who loaned someone else money and seeks repayment has to prove by a preponderance of the evidence (51% or over) that it was a loan, and not a gift.

Add to that the fact that she was giving money to you and her daughter, and no Judge will rule in her favor without some kind of proof. As long as you maintain that it was a gift, and not a loan, she has no case.

Of course she can file in small claims court (or regular court, depending on the amount), but she will likely not get far unless she has proof.

So you may simply ignore her requests. It matters not that she kept a record of how much was given - unless she has proof that it was a loan, that record is a record of gifted money.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

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While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

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Customer: replied 3 years ago.
If they continue to call. e-mail and text me about this after I have explained what you have written above, can I sue them for harassment to get them to stop?????
Expert:  Ely replied 3 years ago.
Hello,

Harassment, or rather, an order for protection, demands a little more than that under Mo. Rev. Stat. § 455.020. However, a cease and desist letter from an attorney (or you, but counsel is recommended) saying that unless they stop, you will indeed file a suit for intentional infliction of emotional distress.

The elements of the tort of intentional infliction of emotional distress are: "(1) defendant's conduct was extreme and outrageous, (2) defendant acted in an intentional or reckless manner, and (3) such conduct resulted in severe emotional distress." Hayes v. Dunn, 709 S.W.2d 164[1] (Mo.App.1986).

Is this a bluff? Yes - the elements are not really there to satisfy protection orders or IIoED. Will they likely stop? I think so - no one takes a threat of a lawsuit likely.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86657
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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