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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Awhile back I ask a question about a loan I took out for a

Resolved Question:

Awhile back I ask a question about a loan I took out for a friend (6 years, Luis Ray Dutchover) who keeps saying he can not pay me right now. Luis is purchasing a house from the owner in Kentucky and paying $350 a month as he lives in house. Luis received from SSDI a settlement of $27000 and paid cash for a ford trail blazer ($9000). I have a letter that he signed and noterized that the money ($5000) was taken out as a loan because I (Cheryl) has better credit.
Submitted: 8 years ago.
Category: Legal
Expert:  TexLaw replied 8 years ago.
Hi Cheryl,

Can you tell me exactly what your question is?

Zachary D. Norris
TexLaw and other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Can I use the Noterized note (dated2/09/20070) in court?
Expert:  TexLaw replied 8 years ago.
Are you being sued by the creditor?
Customer: replied 8 years ago.
Expert:  TexLaw replied 8 years ago.
Dear C Barnes,

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

I believe the crux of your legal question is whether you can use a notarized letter as evidence of an agreement in court which states that You took out a loan and gave the proceeds of the loan to Dutchover because Dutchover did not qualify for the same loan. The short answer is yes, this can be used as evidence. However, it may not qualify as a contract. For the letter to also qualify as a contract, it has to contain language which shows that Dutchover agreed to pay you back, and the terms by which he agreed to pay you back. If it does not contain this type of language, then you cannot use it as absolute proof of a contract. You can sue Dutchover for breach of contract on a verbal contract if the suit is made within two years of when you made the loan or when Dutchover made his last payment under the statute of limitations. However, if by the very terms of the agreement, Dutchover had more than one year to pay you back on the loan, then the oral contract will not be enforceable because it does not pass the Statute of Frauds, which requires that any contract which by its terms takes longer than a year to complete must be in writing.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.