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.aspx

Another 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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Tina

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

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.