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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3722
Experience:  30 years of experience
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$1500 was borrowed by our son from brother in law we

Customer Question

$1500 was borrowed by our son from brother in law we received the money for him to pay his debts...no contract was written but now after 4 months our brother in law is taking us to small claims court to get the money back
JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?
Customer: small claims form state of New York Columbia County
JA: Has anything been filed or reported?
Customer: yes small claims form we are the defendants Regular mail certified letter has not been picked up yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no contract no case ?
Submitted: 6 months ago.
Category: Legal
Expert:  Gerald, Esq replied 6 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 6 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The New York Statute of Limitations on an Oral Contract is 6 years. So the claim he is making is viable from that perspective.

You need to file an Answer to the complaint in the court where it was filed and request a hearing to avoid a Default judgment. In the answer you will deny borrowing the money. You will also file a Motion to Dismiss asserting that he has sued the wrong people. That is he should be suing your son - not you - because your son was that borrower of the funds.

When you go to court you will testify. At that point it will be up to the judge.

If you lose you can appeal the decision. Because the case is being heard in Small Claims Court the Appeal will go to the NY Supreme Court (New York's Trial Court) for an entirely new hearing. You son-in-law will have to file all over again AND because the procedure in the NY Supreme Court are complicated he may drop it at that point.

You may want to consider working something out with him to avoid the trouble of going to court.

And the fact that there is no written contract does NOT mean that there is no case. It will be up to the judge to decide whether he believes there was an Oral Agreement.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald