My husband I loaned 4000.00 to my daughter and her husband to lower their debt to buy a house. Only one 400.00 payment has been made. My daughter is sending us nasty emails and texts saying that we are losers and that if we decide to step up payment request then "bring it". She has forbade me and my husband form any contact and we would like to get our money back. What can we do and what rights do we have?
Country relating to Question: United States
State (if USA): Washington
Requested payment in any amount. Son in law says that the wife is charge of the books and he cannot do anything.
She is bi-polar and not taking any medication and is sending vile texts and emails demnding that we do not conatct them
Hello and welcome,I am very sorry to hear of your difficult situation.Do you have proof of the terms of your agreement with your daughter and her husband?They reside in Washington state?
Unfortunately no promissory note only a cancelled check. It was kind of a last minute thing.,..
Yes they reside in the same town
I see.Your daughter could argue that the payment was a gift, and if she succeeded in persuading a court that it was, you could fail in court.While verbal agreements are enforceable normally, if one is unable to prove the terms of the agreement, then there would not be a basis for a court to enforce it unfortunately.If you have any evidence that this was a Loan, even the memo on the check, an e-mail or text from your daughter or her spouse indicating their intent to repay it or that it was a loan, or Testimony from creditable witnesses, those could provide a basis for a court to rule in your favor and enter a judgment against your daughter and her husband for the amount owed to you.Here is a link to the WA Small Claims court information, which is where one would typically pursue this type of claim:http://www.atg.wa.gov/ConsumerIssues/SmallClaimsCourt.aspxAnother alternative is to retain a local attorney to communicate a demand to your daughter and her husband, perhaps in writing. That is often enough to motivate individuals to pay as agreed in order to avoid Litigation and can result in the fastest resolution of a case if you have any reason to believe they may respond positively to a demand from an attorney. Since she told you to "bring it", she may not respond positively, but if she wishes to avoid a lawsuit, this could represent an opportunity to resolve the matter quickly.
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I do know that if I contact a local attorney, my SIL father gave him the use of his truck after they sold the other one...he would be required to say that he gave him the truck to use after they sold theirs to pay off debt, wouldn't he? is that a credible witness or what about the loan officer?
If your SIL's father were subpoenaed to testify or agreed to testify, he would be required by law to testify truthfully. The fact they borrowed his truck after they sold theirs to pay off debt doesn't prove that the money you gave them was a loan, unless there is something I am missing here. His testimony could support your testimony as to why they needed the money, but not whether it was a loan or a gift.If the loan officer was a witness to your conversation that the funds were a loan, they could possibly provide credible testimony that your daughter and SIL agreed to repay the money and it was not a gift.That could benefit your case.Tina41085.0237026968
The SIL father was asked for a loan but he did not have the money as he and his wife are on unemployment... he offered the truck in lieu of the loan
Oh I see. That WOULD typically support your case if he testified that they requested a loan from him too. Yes. If you know he will not voluntarily cooperate though, you should retain a local attorney to aid you in issuing a Subpoena if you do file suit. Otherwise, he could simply refuse to testify.
Is there anything that I can do about the threatening emails and texts that we have been getting ? She has been arrested for domestic violence and like to cyberbully and in general be a nuisance.
Yes, threatening e-mails and texts could support a court restraining order against her. I would file a police report and repeat the process if she engages in such conduct again.Once you have evidence of repeated threats to your well-being, that along with her history of abuse would normally support a restraining order being granted. I would retain a local attorney to assist you in pursuing such an order though.
JD, BBA Over 20 years legal and business experience.
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