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N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9366
Experience:  since 1983
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My boyfriend had a failed business 10 years ago. He filed. s

Customer Question

My boyfriend had a failed business 10 years ago. He filed for bankruptcy. His sister was a co-signor on one of those loans. She opened a bank account with a friend where she could keep her saving while her friend lives in Mexico. It was the bank that was dismissed on my boyfriend's bankruptcy case. The bank took $25,000 from the account his sister shared with her friend. My boyfriend paid back his sister's friend $5,000. while his sister paid her friend $20,000.00. Now his sister demands her brother pays her back $20,000. with interest. She demands $1,200.00 per month for 20 months. My boyfriend has decided I should pay $200.00 per month for the interest. I paid the last year of mortgage payments loaned from his sister, for 2 years I bought all the groceries. And paid $600.00 on a $1000.00 her paid $400. When I made the last payment on the mortgage, I decided to quit my job and live on my widow's pension from social security of $1,380.00. And right after that was when the demand I pay $200.00 to repay his sister on his (loan?). There is no no note on that loan(?) it was all agreed verbally. The other day I asked him how much is the interest rate, which I pay. He said 4%, but it's much higher. It's too much for me, I just made it this month on $17.00 in the bank. Is any of this alright?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

You have no legal obligation to pay anything to his sister.

California Civil Code:

1624. (a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent:

(1) An agreement that by its terms is not to be performed within a year from the making thereof.

(2) A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in Section 2794.



Section 2794 does not apply to your situation.

I do not think it is OK for you to be paying off an old debt of a boyfriend and it is not very gallant for him to ask you to do that. You can do it if you want, but it is not legally required.

I hope this information is helpful.

Customer: replied 1 year ago.
Thank you so much for your answer. I thought that much. It did not seem fair to me. In the 7 years I have been involved with him and his sister (an EA tax consultant), there has been one loan after another. I have not had an opportunity to pay my own debts, which he declined to help me pay (what was once $5000. 7 years ago has grown to over $13,000. with interest. This last loan compelled me to say, "No more". So, 2 days ago I told him I'm not paying over $200 and all the household groceries bills. I will pay my half of the rent, my half of the utilities and half of the credit bills for which I agreed.
Customer: replied 1 year ago.
He broke up with me. And, I'm OK with that. No more stress.
Expert:  N Cal Attorney replied 1 year ago.

From what you wrote, that was probably for the best.

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