Legal Question in Credit and Debt Law in Florida

My mother passed away 5 years ago and my sister and I had to foot the bill for her funeral costs. My sister has very poor credit because she has never paid a debt that she owed so I had to get a loan out for the whole thing and then she said she would pay for half. Five years have gone by and she had not paid me a penny until we just got into a huge fight over it, and in the past 3 months that we have been arguing she has given me one check for $50. She is trying to say that she is not going to pay for the entire half but will pay me in small monthly increments until she has paid what she feels she owes, but also says she doesn't think she owes me at all. When I threatened to take her to small claims court she told me that I can't sue her as long as she is making payments not matter how small even if it takes 80 years to pay me back so that is what she is now planning to do. My question is if there is a law that will back me as far as a time frame that she should be paying my back or can I do nothing if she only wants to give me $5 a month for the rest of her life to keep her out of court?


Asked on 6/14/10, 7:25 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

You are lucky in that she paid $50.00. I hope you kept a copy of the check for use in small claims. a verbal agreement to pay runs out after 4 years but since she paid, the clock starts running again. Take her to small claims, get a judgment and go after her assets. Her wages can be garnished, you can attach her checking and savings, take her car etc.

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Answered on 6/15/10, 6:44 am


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