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My daughter and son-in-law got a divorce, and they had a…

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My daughter and son-in-law...

My daughter and son-in-law got a divorce, and they had a joint loan of about $60,000 with my late husband’s previous business partner. After the divorce, they split up the loan as required by the divorce lawyer. My ex son-in-law was required to take on 83% of the original loan and rarely paid on the loan (less than $2,000 over the last 5 years) and would never sign a promissory note with my husband’s business partner. The business partner transferred the loan to me (as the creditor) because he bought me out of my late husband’s share of the business and I had been the co-signer of the original loan. The transfer of the loan paperwork included the case number ***** I submitted it to the court to have a hearing in mid December in which the divorce court judge is supposed to rule on the transfer of the loan. My ex son-in-law is contesting the amount of the loan (because he incorrectly entered on the divorce decree) and when I tried to negotiate with him earlier he said he would only agree to the terms if the loan was what it was listed as on the original divorce decree ($10,000 less) AND if there were no late fees, no interest, $40 minimum payment, and he would be freed from the loan obligation if I died (I’m 76). I understand that this would mean he really didn’t have to pay anything back so I’m pursuing this via divorce court. I have assembled evidence of the actual amount of the loan (from the previous creditor), his lack of payment over the years (from the previous creditors paperwork) , his attempt to manipulate me into not paying anything, etc.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Indiana. What I want to know is if at the hearing through a letter written to the judge as I am unable to make the trip across the country( I live in Florida) to court Is it reasonable to ask the judge to force him to sign a promissory note with the conditions of payment I choose (which are the same as the terms the previous creditor was using (4% interest, late fees, etc) and if it is reasonable to ask that the payments go through court so they can take action if he chooses not to pay ( he has a good job, no mortgage, a financially secure new wife). And if so, should I provide the judge with a copy of a promissory note or two ahead of time that I can sign, so the judge can expedite the process? Or, can you let me know if there is a good option of what to ask for that I am not thinking of? Any advice this matter would be greatly appreciated!

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I’m 76 and my daughter is taking this to the judgr

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
11/29/2017
Lawyer: DrakeLAW, Lawyer replied 7 months ago
DrakeLAW
DrakeLAW, Lawyer
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Satisfied Customers: 1,038
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Lawyer: DrakeLAW, Lawyer replied 7 months ago

I understand your situation. Some quick answers and I am happy to follow-up.

No, you cannot just write a letter to the judge. You should arrange to appear for the hearing by telephone. Is that something you are comfortable with?

The court can only confirm the amount and cannot force him to pay or sign a note.

You, as the creditor, are actually not even bound by the divorce decree splitting the loan between them. If your ex-son-in-law had a written agreement for the loan with the prior business partner you can just pursue him directly for all of it. Creditors are not bound by divorce decrees. Divorce decrees are only between the two parties.

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