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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 25392
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am 57 yrs old with a brain injury. I entered into an oral

Customer Question

I am 57 yrs old with a brain injury. I entered into an oral contract to lend my daughter and her husband $16,000. The agreement was that I was to live with them for 16 months to regain my $16,000 back or they were to turn over their yearly tax refunds until the $16,000 was paid back to me. After only 8 days at their home my daughter and her husband told me I have 15 minutes to get out of their house. They are now refusing to repay the loan.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I am on SS disability and cannot afford to lose this kind of money.
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I certainly understand the situation and your concern. If they are refusing to repay you, you would need to proceed through the court and sue them, to recover and get a judgment. The fact that this was an oral contact/agreement, does not prevent you from suing. It may just make it harder to prevail, since it would be your word against theirs, and they may lie. Ideally, they would have honored the agreement but if they kicked you out and refuse to pay you back, then you would have no choice but to sue. Now, if they said they WOULD provide you with their tax refund, then you would have to wait for them to get it and if they failed to turn it over, could then sue but if they made it clear they are not going to pay you back and will not let you live there, then you would proceed at this time.

Customer: replied 1 year ago.
What court handles a civil suit of this kind and amt? Where do I get those forms? How much does it cost to handle this on my own?
Expert:  LegalKnowledge replied 1 year ago.

It will likely need to be filed is district or superior court and the clerk of court can direct you, when you appear and speak with them about the amount in question. The clerk would have the forms for you to fill out and file to start the process and to handle this on your own, you would need to pay filing fees and fees to have them served and other court costs. It could amount to a few hundred dollars but if you prevail, you likely would be awarded those fees back, on top of what they owe you.

Customer: replied 1 year ago.
US Legal offers forms - do I ask for breach of contract forms for my state or is there another category?
Expert:  LegalKnowledge replied 1 year ago.

They may offer them but they would likely charge you. First, speak with the clerk of court, as they may have them for free. If they do not or US Forms offers assistance with filling them out, then it may be worth paying for them. You want the forms to be specific to your State and County, which I why it is in your best interest to speak with the clerk of court first.

Expert:  LegalKnowledge replied 1 year ago.

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