Legal Question in Family Law in Texas

Suing out of state relative for loan repayment

My husband loaned his sister in Texas $500 in August. They made a verbal contract that this loan would be repaid by the end of December 2001. On the check, the word ''LOAN'' was written in the memo field. I have the cancelled check. My husband died Sept 15th. His sister did not repay this loan and she now says it wasn't a loan but a gift.

What legal action do I need to do to get this repaid? Do I file small claims in Michigan where I am, or in Texas where she is - or both? Does it matter that the verbal contract was made with my husband who is no longer with us, and not with myself? If the hearing is in Michigan would she need to be present? or if held in Texas do I need be present?

I appreciate your advice. She would never have pulled this if my husband was still living, and it's very upsetting that she's doing this now.

Thank you so much - in advance.


Asked on 1/20/02, 3:54 pm

2 Answers from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Suing out of state relative for loan repayment

Small claims court would handle this. Ask your self if $500 is worth the time an effort to collect. If so you will probably need to file at the nearest small claims court nearest your sister-in-law. P.S. I am sorry for your the loss of your husband.

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Answered on 1/20/02, 6:27 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: Suing out of state relative for loan repayment

I too am sorry to hear of your loss. $500 is not worth it to come to Texas to collect.

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Answered on 1/22/02, 1:38 am


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