Legal Question in Civil Litigation in North Carolina

My husband borrowed a sum of money from his mother and agreed to pay it back in the sum of $600.00 while he was paying $400.00 in rent a month, plus cable/internet and her lawn service along with doing maintenance on the house. This was for a business debt from several years ago. He is now being required to pay $1000.00 a month because he is moving out. She coerced him to sign a contract with her to keep her from disowning him because he was getting married, which he paid the lawyer to draw up. She only works part time 2-3 times a week and refuses to find a full time job to me but claims she is looking for one to him. She is still very young and able. The total sum of debt now owed is $32,000.00. It is tied to a second mortgage which is currently at $200.00 a month. The thousand is covering her full house payment. What are the chances that a judgment could be rendered to lower this amount to a more managable monthly payment? We are on the verge of bankruptsy and cannot afford to live with this kind of monthly bill. I lost my job a couple of months ago due to medical problems, and we are struggling to survive.


Asked on 6/13/10, 6:49 pm

1 Answer from Attorneys
Rachel Hunter

I can onkly discuss your husband's case with him, not you, for ethical reasons. when you say that your husband is "required" to pay, what do you mean? What requires him? A court order? A judgment? There are NO chances that a judgment will be lowered. Her circumstances are not relevant. She does not have to work. Your husband owes a lot of money. Either borrow it and pay her off, stop paying and let her try to collect (I don't know what assets you have, but there is no wage garnishment in Pennsylvania) or file bankruptcy and see if this can be discharged that way. The only other option is for your husband and her to mutually work out a modification to tide you over this rough period.

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Answered on 6/14/10, 7:56 am


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