Legal Question in Credit and Debt Law in Texas
Legal obligation to satisfy a debt
My mother allegedly borrowed approximately $70000 in early to mid 90s from my aunt, they both resides in Dallas, at that time I was living in Austin so I really don't know in detail what exactly happend. My mother is getting disability benefit and in no position to payback and also she denies having borrowed all that money, but I believed and still believes that she borrowed money from my aunt. About two years ago after a long talk with my aunt and uncle(her husband) I told them that I will try to payback the money my mother borrowed little by little, then my uncle suggested that I signed a piece of paper indicating that I will make $300 to $500 monthly payment until loan is satisfied, soon after that I got married I am in financial position to make that kind of payment since I must support my mother and my wife was so upset(understandably) when she found out that I made that kind of promise to my aunt/uncle without consulting her. Now my aunt/uncle is threatening to sue(since they have above mentioned doc with my signature) me for not making payments like I promised. Do they have any case if they take this to the court? I really don't have money for a lawyer if they sue me right now, your answer is greatly appreciated. Thanks.
2 Answers from Attorneys
Re: Legal obligation to satisfy a debt
If you made a promise, in writing, to make payments, that is enforceable in court.
Re: Legal obligation to satisfy a debt
It all depends upon what's on the paper you signed. Usually a written promise to pay is enforceable in court, but there also has to be some consideration for that promise.
You can't afford a lawyer? Unless you're heading for the bankruptcy court, a lawsuit against you for $70,000 means you can't afford to NOT have a lawyer.
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