Will family loan be repaid?

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.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Charlotte, NC 28262
Main Phone: (704)307.4600
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Durham, NC 27713
Phone: (919) 321-0780


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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.