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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My son had borrowed some money from an inmate while he was

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My son had borrowed some money from an inmate while he was in prison in 2007. He has been paying it ever since when ever he get money. He had gone back in 2010 to a different prison where he met the guy again. He asked me to pay $500 for him in order for him not to get beaten up.
I did and thought it was all paid up but my son said he kept on sending all his allowance, money from his plasma sales, even resorted to pawning my stuff and his lap top to get them off his back! He lies to me as to where the money goes to keep on paying his debt. He said that he has $2000 more to pay. The debt seems to double up every so often. There is no written agreement or loan amount that I can rely on. No receipts on how much he paid!
My son has mental health issue and people tend to take advantage of his weakness. I thought that he must be loosing his money gambling but he says that he does not gamble at all. He does not drink, smoke, or use recreational drugs, he does take psychiatric medication though which he does not have to pay for.
As the money supplier, I am also harsh on him, trying to find out where all the money goes. I am afraid that he might really get depressed and some how harm himself to get out of all the mess.
What must we do to satisfy these loaners and get them off my son's back? Will paying the $2000 with a condition not to bother him again and getting a formal signed receipt be a possibility? Since we are dealing with inmates I have my doubt.
I will appreciate any suggestion before I drive my son to suicide. It is hard to live with some one who pawns one's stuff behind one's back.
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that your son is in this situation. My apologies if this is an indelicate question, but beyond your son's word on this debt, do you have any proof that this is where he sends his money? Is there anything in writing that would corroborate this?
Customer: replied 4 years ago.

There is no written receipt or even an agreement of borrowing, This is done inmate to inmate. I have tried to see how he spends the money and can not trace it. We always argue when I ask for receipts. So I am not really sure if the loaner is a fib, but then what does he do with the money?

Thank you for your follow-up.

I truly cannot tell you what he does with the money or where he sends, or if he spends it--I am simply going by your information. The very first thing I try to do is evaluate whether or not the debt is valid or if it even exists. There is no evidence here that the debt is valid although it may be. Typically you can most definitely create a written contract, or letter, and in the letter put forth terms. Then, if the other party agrees, an information contract is created. You can request that your son (if this is a valid debt), send a letter to the inmate stating that he will provide this amount as a formal set condition to pay the debt 'in full'. Then if the debt is paid, and the check has a 'paid in full' listing, the debt is deemed extinguished. I am just not sure if this is a true debt, and I am also not sure if an inmate will agree to give up the terms of this debt. but your son can send him a message putting forth terms and creating a formal agreement where all the conditions are set forth.

Good luck.

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