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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3821
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Almost 7 years ago while living in Florida my adopted daughter

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Almost 7 years ago while living in Florida my adopted daughter and son in law - also living in Florida wanted to build a home in Western No. Carolina in the mountains and needed just a little over $38000.00 to have their 5 acres prepped ie: foundation, well, septic, footers etc. Then they secured a mortgage and finished the home. We did what most Moms and Dads would do. We paid the site prep work - thus - $38000.00+ NO!! We did not have a note signed. They were to sell their Florida home within a year which was free and clear and pay us back for the loan. Six months after that they refused to talk to us Why? Who knows. Their WNC home has been finished for 6 years and they never moved in (it's a beauty) and have never tried to sell their Florida home. Now they have put the WNC mountain home up for sale for $ 475,000.00. They have an approximate mortgage of $263,000 - guess I'm a loser? Can I do anything? I do have a computer statement that my son-in-law made up saying that was the amount he owed us (received that from him before they dumped us ). There is no talking to them - we have found out that they now have two children - can't prove it by us. No doubt in my mind that they're not going to repay us even after the sale of their mountain home. The monies we lent them was from my wife's retirement check for working for a food chain for 20 years. My wife said we can't do anything about it and to just put it out of my head, it eats at me always. If my legal answer is negative then I'll put this to rest once and for all. Thanks
Submitted: 10 months ago.
Category: Legal
Expert:  Zachary replied 10 months ago.
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.


I'm sorry to hear about this happening to your family. You say that you have a written statement you received from your son in law that states the amount owed.

1. Can you describe the statement (is it an email)?

2. Can you establish that it was your son in law which sent you the statement? If so how?

3. How long ago did you receive the statement?

I look forward to hearing back from you.

-Zachary
Customer: replied 10 months ago.


the paper was a fax showing expenses that I paid beginning in March of 07. then he faxed with that a hand written note saying "I thought you might want this for your records. first fax also says "money owed to folks with a total

Expert:  Zachary replied 10 months ago.
Thanks for your response.

Unfortunately, the statute of limitations on debt in North Carolina is 3 years, regardless of whether there is a written agreement or oral agreement. By the very terms of the agreement, payment was due one year after the loan was made. This means that what is called the "Statute of Frauds" was triggered, which would require the agreement to be in writing.

The statement that was faxed to you in 2007 could arguably be said to contain the terms of an agreement to pay you. However, the statute of limitations has also run on this. Thus, any claim you file on the debt would be subject to a defense of the statute of limitations.

That being said, you have stated that the family members which owe you the money are not responsive. It might be possible to secure a default judgment against them for the amount owed. This is because the defenses of the statute of limitations and statute of frauds are "affirmative defenses", meaning that the other side has to establish their right to it. If your family members do not answer a lawsuit you file and assert these defenses, you would be entitled to obtain a default judgment against them.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3821
Experience: Lead trial/International commercial attorney licensed 11 yrs
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