I've asked her for a copy of a promissory note I may have signed but she doesn't have anything other than a cancelled check. The check doesn't have anything in the memo that would suggest this is a loan. I've asked her what I borrowed it for and she can't remember (she's 88). I've wracked my brain and know I don't owe her anything. 2 years ago we retitled our houses, taking each off the title as we had a severe falling out, which we have never recovered from. She had a lawyer take care of the title paperwork at this time but never mentioned she felt I owed her money then so I'm at a loss as to why the sudden "debt". She is threatening to take me to court. Through the years she has given me a lot of money, I'm her only child, but now I am disinherited. Regardless of her reasons I wonder how I can prove to a judge that this check was a gift rather than a loan? It's been so long ago I honestly don't even remember what I did with this money.
2006-07-05 18:48:09 · 9 answers · asked by iz2c 5 in Business & Finance ➔ Other - Business & Finance
She has no proof and she bears the burden of proof.
2006-07-05 18:55:03 · answer #1 · answered by Lil D 4 · 0⤊ 0⤋
Your mom is old and would just forget the matter if you just ask her if your could pay her a little alone no matter what she gave you that much money for you should try and show some appreciation. If something happen to her you are going to be verry sorry for the rest of your life, dont you love your mother just try to get alone with her I know she love you. And you are bless to have mother and you say she gave you the money, you just can't remember if it was a loan. It can't be proven in court that it was a loan but your heart will know.
2006-07-05 19:21:16 · answer #2 · answered by candycane55 2 · 0⤊ 0⤋
I say that you should make a mends anyway that you can! Life is too short and you never really know how much you appreciate your parents until one of them dies. I lost my father 2 years ago, and looking back, i wish I would have done things differently and visited him more often when he was alive instead of going to his grave weekly taking flowers. You should go to your mother and tell her that you want to start a new relationship and that you honestly don't know what the check was for, but if it will make her happy, agree to make monthly payments. She will probably feel as relieved as you would and cancel the law suit altogether.
Remember, in order to make it to heaven, you have to forgive. Good luck and I will pray for you and your mother to work this out.
2006-07-05 18:57:48 · answer #3 · answered by angelwings792 1 · 0⤊ 0⤋
Tell your mother it was in the past and get over it. We can't make up for things we do back then but we can fix the things of the present. Plus if you have given her anything since the check was written tell her to write off the things you have used money to help her in any way.
2006-07-05 18:53:58 · answer #4 · answered by nane 2 · 0⤊ 0⤋
She is sueing you because she loaned you $6000 and the cancel check is the proof. Funny thing is that you don't remember what that money was for. Just tell the judge that was the repayment of some of the money you fronted for her.
2006-07-05 19:00:28 · answer #5 · answered by Timothy Summer 3 · 0⤊ 0⤋
Money complicates everything, I would recomend a lawyer or at least speaking to a few. Check around in your area, you may find a university thats offers Pro Bono (free) legal services for non criminal cases such as this.
2006-07-05 18:53:12 · answer #6 · answered by koolkeiff2 3 · 0⤊ 0⤋
If there is no written documentation of a payback schedule, or signed loan paperwork, no lawyer would touch this with a ten foot pole.
2006-07-05 18:52:28 · answer #7 · answered by curiositycat 6 · 0⤊ 0⤋
Wow, if my mom wrote me a check for $6,000.00, I'd remember....
I guess you have to decide which is more important, salvaging a relationship w/ your very elderly mother, or proving her wrong at any cost.
2006-07-05 18:58:13 · answer #8 · answered by Paula M 5 · 0⤊ 0⤋
Why don't you pay her back her money?
2006-07-05 19:39:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋