Legal Question in Family Law in New York

Legalities of hand written note with 18 yr old for a loan of $4000

My nephew borrowed money, $4000 from my aunt, to buy a truck, he paid about $400 back then lost his job. He is 19 was 18 when he borrowed it. He is also considered Add and others..but a good kid. He is trying hard to find a job, but can't start one till next week. They are writing my mom, who has nothing to do with the contract, tho she was his legal guardian till he graduated this past June, they are threatening her with criminal charges if she doesn't send the money to my aunts son in Florida. My aunt is in NY. They have no formal note signed, just a piece of paper stating he was borrowing money and would pay back $100 a month. My nephew doesn't even have a copy. My mom, is very upset by this and is there any way we can stop the harrasment of her and possibly get them out of this without paying the money back. They have told my aunt that as soon as he starts work she will be the first to receive some money. They don't care and don't listen just scream at my mom on the phone and harrass her. She is 75 and shouldn't have to go through this. Can you help us?

Thank you and if you have any questions please write me.

--name removed--Killian


Asked on 8/14/03, 2:21 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Legalities of hand written note with 18 yr old for a loan of $4000

Your nephew is responsible for repayment. Unless you mother promised to be a guarnator, she has no obligation to pay back the loan. There is no basis for criminal charges. It's an idle threat.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/14/03, 2:41 pm


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