Legal Question in Credit and Debt Law in Virginia
personal loan
My ex sister in law let me borrow 3100.00,she put it on her credit card.the interest rate on the credit card was 10 percent.I have paid her all of it back except 950.00 and now she is taking me to court saying that I have not been paying her.she told me she wasnt charging me any interest and i have that in writing then she said she was cahging 6% then it was 19% then 24% every month when I pay her she is adding like 700.00 and 800.00 to the bill for interest charges can she charge that kind of interest every month also I would like to know what I could counter sue her for she tells my kids and grandkids that I dont pay my bills and she told my son that I was taking money out of his bank account to pay her thank you
1 Answer from Attorneys
Re: personal loan
Assuming that the agreement between you and your former sister in law included a particular rate(or no rate) of interest on the principal, that would be the rate which she could legally charge you; if no rate was specified then the prevailing rate for such credit card loans which was apparently 10%. The loaner would not then be able to arbitrarily adjust the interest rates charged on this particular loan from month to month.
As to your former in law's charge that you "have not been paying her", if the case goes to court, you, obviously, will need to be able to show the court the rebutting evidence that you have in fact been paying her if you expect to prevail in this case.
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