Legal Question in Credit and Debt Law in Florida

Hi,

We borrowed money from a friend and signed a promissory note back in 2011, we had just found out our friend passed away. Numerous times she stated that if something happens to her she does not want us to pay her brother anything and that the debt will be done. She did not want us to even fill out a form, we have a copy of an email stating not to pay her brother once she is gone and also that she was going to write a letter and put it in her file. She was in a retirement home and her cleaning lady did hear all these conversations and when she went into rehab the nurse that cared for her also heard her wishes. On June 22, 2015 her brother called us and let us know that she passed away on Feb 27th 2015 and that his lawyer was going to send us ppwk to fill out. We did call her numerous times at the rehab center and they told us she was not there anymore but would not tell us if she passed or where she was because we were not family. We did receive a certified letter from her brothers attorney the other day and it states that we should make payments to him. We had sent a letter to his lawyer with a copy of the email stating her wishes and advising that we were honoring her wishes to no longer make any payments. Please advise if we need to seek an attorney for this or if we do not have a case. Also what can happen if we don't respond or send any payments. I am unemployed and we only have 1 income and barely can survive. I am happy to answer any questions you have if you need more. We lived in IL at the time of the contract, we now live in FL and her brother lives in CA.


Asked on 8/08/15, 2:42 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Once appointed, the Personal Representative of her estate may bring an action against you in FLA.. Her e mail forgiving the debt is your defense.

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Answered on 8/08/15, 2:53 pm
Lucreita Becude Lucreita D. Becude, P.A.

With the email and the witnesses, I believe this attorney is just trying to get you to pay a penny so he can file a lien. Remind him of your email and witnesses and if he proceeds to court, then you can represent yourself at the hearing bringing the email and witnesses.

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Answered on 8/10/15, 5:29 am


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