Legal Question in Credit and Debt Law in Pennsylvania
Check used for personal debts
I gave my brother-in-law's wife a check made out to her to cover half of the costs of my husband's mother's funeral expenses. The memo on the check indicated funeral expenses. She deposited the check in her bank account, spent the $3000 to pay some of her own personal debts, and did not pay the funeral home. When confronted, she admitted what she had done and said she would pay us back the money (they had since sold the mother's house for $250,000) and pay the funeral home. That was 6 months ago and no payment has been made, despite phone messages and personal visits. We are taking her to small claims court. We have the canceled check and witnesses whom she told she spent the money because she had debts to cover and did not have sufficient funds on her own. We also have a document from the funeral home indicating nonpayment (she signed the promisary note). Is there anything else we will need to support our request to have our $3000 returned to us?
1 Answer from Attorneys
Re: Check used for personal debts
In court you will have the burden of proof. You will need to demonstrate that the check represented a loan and was not a gift. The fact that the check forms a writing and should have been signed by her should satisfy the elements of contract. If the check was not signed by here but merely deposited, you will need to demonstrate how the check relates to her by showing ownership of the relevant account or otherwise.
Do your best, prepare and practice your case, respect the court, speak to the judge and not the defendant and make the best case that you can.
It will help if you research the legal elements of contract and negotiable instruments and present those in a forthright manner for the court.
Good luck.
Regards,
Roger Traversa
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