Legal Question in Wills and Trusts in Pennsylvania

there is a verbal agreement between two parties for a loan , payments were made as per agreement of as much as you can when you can. there was no written agreement and now the party that loaned the money is now deceased. the attorney for the estate is threatening a lawsuit if payment is not made in full within twenty days. what is the legal way to handle this.


Asked on 6/16/11, 7:05 pm

1 Answer from Attorneys

You have partial payments which take this outside the statute of frauds (which usually requires a writing). I don't know how much was borrowed or how much is left on the loan or any of the circumstances, so this is just general advice and may change depending on the facts. You can do a couple of things:

(1) How much can you afford to pay total if they will accept some lesser amount as settled in full? There is a time value to money and paying out x dollars per month over a term is worth more than paying a lesser sum today. If you have the cash, try that.

(2) If they will not accept it, what's the lawyer going to do? Sue? Really? And cost the estate even more money? You are in PA. While a judgment will give them certain rights to seize property (and I don't know what you own or your circumstances), getting a judgment is NOT going to get them paid any faster. There is no wage garnishment. Keep paying as per the agreement or keep saving until you have enough and call the lawyer's bluff. They can't get a judgment that fast - it will take 45 days at a minimum. So you can stall for some time and maybe you will be in a better position to get this paid off in a few months.

(3) Offer to enter into a new obligation with the heirs. I understand that the heirs want their money now, but its not going to happen. It would be better if you could keep paying as you have done and the heirs will get their money. Any new promise to pay should absolutely be in writing and there should be a reasonable rate of interest attached. This way, the estate can get closed out and while its not ideal, it still would be a win-win for everyone.

(4) Depending on the balance owed, try to borrow the needed sum from friends, family, a bank etc. and pay off the loan to the estate. Make sure that you get a written receipt from the estate that the loan has been satisfied in FULL. You might have to borrow small sums from several people to make this work. Do promissory notes with each and pay them back.

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Answered on 6/17/11, 10:42 am


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