Legal Question in Civil Litigation in Georgia

My father in law loaned us money ($1200) 9 years ago, when my husband was unemployed. He said we didn't need to worry abut paying him back. His new wife (of 10 years) is demanding payment back in full, saying she has cancelled checks to prove they gave us money. Father in law first said, ignore her threats and emails and don't worry about paying back. Now, he said if we could pay a little each month to get her off his back. He, my husband and I agreed on $50/month. She says it's HER money (she contributes only $300 month to their income) and she is taking us to small claims court in Alabama where they live. We live in GA. Can we sue for harassment? Does she have a case against us?


Asked on 3/16/14, 6:17 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You may have been told a very clever "con." The loan is too old to collect - time barred by the statute of limitations - unless you make a payment. One $50 payment may negate that whole defense. Note that unless he assigns the debt to her, she can't sue. But he can.

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Answered on 3/16/14, 6:23 pm


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