Legal Question in Civil Litigation in West Virginia
oral agreement
My foster daughter and her 3 siblings borrowed 7453.00 from a friend to pay for their mothers funeral. The friend is her brothers girlfriend. The oral agreement was each of the 4 siblings would pa 50.00 a month for 2 yrs. My foster daughter and her sister have made their payments on time every month. They are being sued by the girlfriend for the full amount. Only the 2 girls are being sued. My foster daughters balance due is 1,025.00. She will be going to court tomorrow. I was just told about this.
1 Answer from Attorneys
Re: oral agreement
Verbal agreements are enforceable as much as written agreements. There is more difficulty in determining exactly what the agreement is, because often parties to an agreement have a different recollection as to the terms. Did the lender agree to look to each obligor for only 25% of the debt? If not, the court could impose a joint and several liability, which means the lender could collect the full amount from each of the four, but could only have one full recovery. Any one who paid more than his or her share could recover from the other three the amount over the pro rata share paid to the lender.
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