Legal Question in Credit and Debt Law in Georgia

If the original loan was in writing, the cancellation should have been written. However, 10 years means the loan is probably beyond the statute of limitations, meaning she can't sue you. (If she does, that is a defense).

When was the last time that you paid? Where does your mother live? What does the promissory note that you signed say? Was it a demand note or installment note? Or did you even sign a note?

A lot more is going on than you relate. One's mother does not make a loan, make a gift and then ask for money back. Something happened - either mother is now cash strapped herself and has her own financial problems or else you and mama had a falling out of some sorts and she is now being pissy by demanding the money back.

What you do kind of depends on which scenario it is. If your mother is having her own financial problems, it could be that she does not want to tell you but thinks it will be easier if you just repay the loan. In that case its not a question of a legal duty but moral one. We are talking about your mother here. If she is having financial problems then you have a moral duty to help her. She wiped your butt and raised you when you were a baby. She loaned you money when you needed help. If it were me I would do what I could to help. But you need to see exactly what kind of problem she is in. It could also be that she got a Nigerian email asking her to wire money for expenses so Prince Ougadougou can give her zillions. So you would need to have a chat with her and see what is going on before you just fork over cash.

On the other hand if you and she had some sort of falling out when was this? When did you last repay any money on the loan?

It could be that the statute of limitations has expired already. In that case, you have no legal duty at all. Of course, the statute of limitations is a court defense. You can still be sued on a time-barred debt. However, if you are sued and you raise the defense of statute of limitations in an answer and the court agrees with you, then any case would be dismissed. If you don't raise it then its waived, meaning that the case proceeds.

You also have some other defenses if your mother sued - one might be promissory estoppel/detrimental reliance - your mother told you that the balance of the loan was forgiven and you did not pay because you believed her. If a judge finds you to be credible on this point (and I don't know what your mother would say) then perhaps a judge would agree that you have no legal duty.

This is a public forum and while its great to get some quickie answers you don't want to air your laundry so to speak on a public billboard. And no attorney has seen any writings or knows the whole story. I give free email consults if you wish to discuss the case in confidence. Otherwise, I would find a local lawyer and pay him or her to review any documentation and the facts and give you an opinion as to whether you in fact have a legal duty that can be enforced or not.