Legal Question in Credit and Debt Law in Virginia

Re: Rights for a personal loan

First, if you "borrowed" the money from your friend, it's reasonable to conclude that this transaction was a loan as opposed to a gift.

Second, if your husband was not a party to this tranaction(meaning that he, also, agreed to the

loan or, at least guranteed that he would act as your surety(one who would be reponsible for paying it back, in case you did not), he would not be responsible and could not be sued.

Third , the one who threatens suit can levy against assets which soley belong to you but not against assets which you hold jointly with your husband) (This assumes, of course, that she obtains a valid judgment against you.)

Lastly, this potential plaintiff, if in fact she did make the loan, and the loan is not covered by a legal entity known as the statute of frauds

(meaning that it's less than $500), and she can produce evidence of this oral contract suffficient to convince a court, by a

preponderance of the evidence, that the contract is valid, she will, then, indeed, have "a legal leg to stand on", to use your phrasing.

Note: Even if the loan exceeded $500 and was, therefore, covered by the statute of frauds which requires a writing as evidence of the contract, it's possible that under certain circumstances a court would still be willing to hear the plaintiff's evidence of an oral contract and render a decision, accordingly.