Legal Question in Civil Rights Law in Florida

Re: Loan from a family member

Let me give you the legal answer first, and then the "Dear Abbey" answer because I think that is the more important one. Legally, you have a binding contract to pay back $50 per week until the loan is paid, period. So she may not legally insist that you pay late fees. However, you have breached the contract so she could sue you in court and seek to have you pay the entire amount back at once, with damages. Damages would be limited to actual losses and it is doubtful she has any, so it wouldn't be a big deal. I doubt that she would go to court against her sister for $1000, of course.

On the "Dear Abbey" side: first, someone needs to tell mom to butt out (kindly but firmly - it is none of her business). Her interference has only made the problem worse. (And if the sister involved the mom, then you know where you stand and should probably avoid business with the sister in the future.)

Second, please don't let this sour the family relationships and your wedding. People do ridiculous things when it comes to money, but they generally do not mean any harm. They just don't think things through.

Last, it's up to you and your fiancee to fix this. You made a commitment and broke it. Own up to that and ask the sister what you can do to make it right, without her trying to extract additional fees. If possible, pay $75 or $100 a week for a few weeks to make up the loss. Maybe invite her over for dinner to mend any fences that need mending. Most of all, do everything you can to avoid missing payments. When someone goes out of their way to help you, especially with a large amount of money, those are the people you should have at the top of the pay back list. When things get tight, you should not say "sis can wait" - it's simply unfair to her and it's taking advantage of her generosity.

Best of luck with this and your wedding!

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.