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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Greetings! My Mother (Joan Daeschler) was at my Grandmothers

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My Mother (Joan Daeschler) was at my Grandmothers funeral when she met some of the other family members. Richard F. Schweihs who resides in Hinkley, Illinois gave her a sad story about not being able to have his children with him since he was in the middle of a divorce. She agreed to lend him $20,000 that he would pay back ASAP. He has never paid it back and after speaking with him today he has now changed his story saying that she "gave" it to him and that it wasn't a loan! He also gave me a sob story about how poor he is yet I know from my other relatives that he lives in an enormous house with a wealthy life style and makes over $200K / year. My mother has original written letters between the two of them and he states that he would start paying her back. The letters are from 1998. It is time for this loan to be paid back! I told him today that I would pass the letters on to a lawyer so that we could retrieve the graciously loaned cash!!! THANKS! XXXXX

Thank you for your question. Unfortunately, I don't have very good news for you.

Any claim that your mother would have against the person to whom she loaned the money would not be enforceable under the Statute of Frauds (which requires agreements taking longer than a year to fulfil to be in writing) and the State of Limitations (which requires the claim to be brought within a certain amount of time). Given that the loan was made over 10 years ago, and there has never been a payment, the claim is barred.

That does not mean that you cannot necessarily revive the loan agreement to make it enforceable. If you can get him to agree to a payment plan or make some sort of payment to your mother, and get him to acknowledge in writing now (as opposed to 12 years ago) that he owes the money, then this would revive the claim.

Please let me know if you want to discuss this matter further.

Best Regards,
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