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J. Warren
J. Warren, Attorney
Category: Business Law
Satisfied Customers: 2241
Experience:  Experience in general business transaction and formation matters.
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My father passed away on July 11th. I am sole survivor and

Customer Question

My father passed away on July 11th. I am sole survivor and inherited all his assets along with 3 loans that he was collecting on. One of the loans has balked about paying with the death of my dad. Agreement was $110/month for 22 months. Loan was for her
to purchase a car. My dad did not get any signed papers with this loan, but, because of his terminal illness he had the borrower make out post dated checks in my dads name and mine for the term of the loan. There was also a witness to the agreement. Do I have
any recourse for collecting this money? My other two loans are secured with papers but it is more the principal to me that someone would dishonor my dads memory like that when my dad was well known for his very generous nature in our small community and he
was looking out for my wellbeing.
Submitted: 1 year ago.
Category: Business Law
Expert:  J. Warren replied 1 year ago.

Hello my name is ***** ***** I look forward to providing you information. Please note:

(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and

(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.

My condolences on the loss of your father. Potentially yes a verbal contract can be enforced. The forum to enforce this would be small claims. What also is an issue here is the fact that it is illegal for someone to post date a check with the intent to commit fraud, meaning never intended to honor the money for the amount the check was made for. This is evidence that unless she intended to commit fraud she indeed intended to enter into a verbal agreement.

All my best & encouragement.

Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated “ok” (3 stars) or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

Expert:  J. Warren replied 1 year ago.

Thank you for allowing me to assist you. I realize rating takes an extra step and I appreciate you taking the time to do so.

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