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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102144
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son borrowed some money from s girlfriend and agreed to

Customer Question

My son borrowed some money from his girlfriend and agreed to repay $25/month. They signed an agreement which was not notarized. They are in the midst of breaking up. He has missed 3 payments due to switching jobs and she is threatening a lawsuit again him. She will not tell him what the balance is (he believes it is under $900). He is going to give her $300 - $75 for the past due and $225 to show good faith that he will pay the remaining balance. He is going to offer $100/month beginning July 2016. If he does this and she refuses, can she still file a lawsuit? I have told him to write down everything and he will agree to signing a document, but she might not. She will not meet him without her "group" of friends. Any suggestions? Should he just mail everything to her house certified?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) A contract does not have to be notarized to be binding. So as long as he signed it, it is binding.

2) She can file a lawsuit against him as long as he is in default of the contract. This means behind on payment. (I am presuming that the contract does not dictate how much he has to be behind, so common law controls). As such, she can file suit against him as long as he is behind.

3) If he can, he should pay everything off at once (via certified mail). If not, he wants to pay whatever he feels is required to catch up to where he should be now.

4) If he and she disagree on how much has been paid and how much more he owes to catch up, then the Court will have to decide this, and the onus would be on her to file suit. Meaning, she has to do it. He should have been keeping clear track. She does not have to communicate and help him calculate how much he still owes (although her not doing so is childish).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.