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Good morning. I certainly understand your situation. Do you have anything to evidence the debt? When were they supposed to pay you back?
no, i have no way of producing any tipe of agreement. it was all verbal, but because my stepfather had a long time debt from former wife. they also say that they bought the house with the 401k
Thank you for that additional information. Georgia does have a 4 year statute of limitations on an oral contract. That is the time in which a cause of action would need to be filed and the time would start to run, once the debt was due and not paid. I am not sure when they agreed to start paying you back but if more then 4 years has passed, they may have a defense. Notwithstanding, you would first have to sue them, if you are within the necessary time frame and would have to evidence the debt/agreement with your testimony. Testimony is a form of evidence but they could also respond and dispute it, by testimony as well. It would then be a matter for the court to decide, once they hear all the evidence.
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i had told him that he could pay me when he could, no exact date was established but i thought a 10yr period would be enough for him of them to pay back.