Legal Question in Credit and Debt Law in California

My husband and I borrowed 800$ from my mother in law and agreed to pay her back 300$ a month until paid in full. The first month of our first payment due, I sent her a text explaining we didn't have enough money for rent and we wouldn't be able to pay her this month. She got upset and said she didn't care about that and she wants her money owed to her. After back and forth arguments that night we came to the conclusion that she wanted all 800$ paid to her that night and she didn't care about us not paying rent. So I wrote her a check of 800$ and asked her never to contact my family again. She sent me a text the next day and said she wasn't going to cash the check and she wouldn't never take from her kids and grandkids well being. That she was even going to put some money in the mail for us. Now, 2 weeks later she tried to cash the check and then called me harassing me for the 800$. I told her I didn't have it anymore that I paid the rent because she said she wasn't going to cash the check because she knew we needed it to keep a roof over our head. Now she said she is goin to sue us. Can she do that?


Asked on 8/15/15, 11:01 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Yes If she obtains a judgment and attempts to collect you can file a claim if exemption and have the payments reduced to a low monthly amount. Her text message may be a good defense if she sues you.

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Answered on 8/16/15, 4:49 pm


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