Will family loan be repaid?


#1

There is no way for you to go before the court during their equitable distribution case to make a claim regarding this debt, however you may still be able to sue them in civil court to pursue the collection of this debt. The more documentation you have of this loan the better the chance of being able to collect on it. You need to contact an attorney who practices creditor/debtor law.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Hello, my daughter and son in law are divorcing in North Carolina. My mother and I live in California. Over the twelve year marriage my husband, mother, and I have loaned this couple over $100,000. We have some bank records, emails, and a promissory note that I can’t find because my husband knows where it is and he just had a stroke. Question: with or without the cooperation of this couple is their some way to get our claim in front of the court so that maybe one day we will get payments? My mother broke her hip, my husband had a stroke, and things are getting very difficult. Thank you.