me and my wife paid our grand daughter's school $4500 for full day kindergarden. we took out a cash advance on a low interest credit card. the agreement was that my daughter and soon to be ex husband would pay us back as they got the money. they made payments until they decided to divorce and he moved out of their house. the original loan was down to approx. $1500 at that time. they recently sold their house and our daughter has paid us back her half of the remaining loan. her soon to be ex says he will not repay us anything. do i have a reasonable claim in small claims court and if so , do i have a good chance of winning this suit?thank you for any advicejim yentile
State/Country relating to Question: Massachusetts
only have made it known to him that he now has the means to repay us and that we expect a check to pay off his half of the remaining loan for his daughters education
Thank you for your question and welcome to JustAnswer.com.You probably do have a decent claim in small claims court, where the rules are much less strict than in trial court. If they had been repaying the loan, the court would take a look at what was equitable (or, fair) in paying what remained to be owed. If your daughter had paid her half of the balance, it is quite likely the small claims court judge would look at this equitably and order him to pay the remainder on the balance.If you require more information, I will be happy to follow up with you. In the meantime, please remember to click Accept so that I get credit for my time assisting you. If my answer has been especially helpful, please also consider a suitable BONUS.And remember, I want you satisfied, so if I can help you further, please ask so that you can provide Positive Feedback once we've addressed your legal question to your satisfaction.Thanks!Nate
Over 8 years of legal practice.
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