My sister and my mom payed for his stuff while he was in jail and they sent him money for stuff there. I don't like to see them fight and Uncle George is cool. Can they call the cops and send my uncle back to prison if he is on parol and don't have the money to pay them?
2007-06-22 22:02:13 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Uncle George did say he would pay them someday but he never said when.
2007-06-22 22:33:24 · update #1
They can call the cops if they want to but the cops can't do anything unless he violates his parole, and this doesn't sound like he is. What kind of things did they pay for? If they payed his bills, like a car payment or something then by rights, your uncle should find a job and pay them back, and also for anything else, especially if he promised them. Your uncle might be cool, but it's not cool to owe family money. Your mom and sister should sit down with him and have a very long talk about this with him and try and work something out because family's should not fight especially about money. Also your mom and sister should understand that being in prison and then getting out and having freedom can seem strange to him for awhile. It may take him some time to get adjusted. Anyway, I hope I have helped you out a little.
2007-06-22 22:43:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This is a civil matter, not a criminal matter, and you can't be sent to jail for a monetary debt [other than child support -- and for that they will put you out on work release.]
I Uncle George just got out of prison, he probably has no job yet. Once he has a job, he should be able to either pay off the debt or pay it down.
If it is necessary to go to small claims court, it will be necessary for your mom and sister to prove the debt in court. To do this they must have either a writing (promissory note or IOU), or be able to prove the debt by witnesses or parole evidence. They will get a judgment, and that is basically a piece of paper saying that your uncle owes the money. It will be up to your mom and sister to seek a writ of execution to either seize a bank account owned by your uncle or have the sheriff levy on personal property and have it sold at sheriff's sale.
2007-06-23 08:20:01 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
Nah, they gave him money. Unless they could prove in a court of law, that it was given with the express desire and understanding of both parties for it to be returned they got no chance of getting it back. Even if they did have that (eg, a written and signed agreement/contract) theyd still have to get a solicitor and that is not cheap. Add to that the time theyd have to take off work to attend court cases etc and depending on how much they actually gave him, it probably wouldnt be worth their time. Love your uncle George anyway, and let them fight it out. Just stay out of it as much as possible.
2007-06-23 05:15:13 · answer #3 · answered by Vicarious 4 · 0⤊ 0⤋
If they just sent him money without ever getting him to sign a contract saying he'd pay them back then he's not breaking any law. Legally, the money was a gift. They might be able to sue him in civil court to get their money back but it'd likely be very expensive for them to do so, and I don't believe being sued in civil court would represent a violation of his parole. Their best bet is to forgive him the so-called debt and simply not loan or give him any more money if they can't trust him to pay it back.
2007-06-23 05:08:13 · answer #4 · answered by doppler 5 · 0⤊ 0⤋
I'm not sure about this type of situation; it's pretty rare. You'd probably have to call legal aid and ask them about it (it should be free). As for trying to go after him for the money, you can't get blood from a stone, adn he probably doesn't have anything. What are they going to do? If he can't pay, he can't pay. It would also be helpful to know if this was a verbal agreement or if they signed anything. It isn't really fair of them to demand payment when he's obviously broke. You can call legal aid, but aside from that, try not to get involved. It's really between them.
2007-06-23 05:16:37 · answer #5 · answered by Raiveran Rabbit 2 · 0⤊ 0⤋
I am sure your uncle didn't just jump into a high paying position soon after he got out. How much did they give him? Can they spread the payments out over 1 - 2 years?
2007-06-23 05:15:16 · answer #6 · answered by tw6382 2 · 0⤊ 0⤋
did she really expect to get it back? my ex- ex- ex- boyfriend is in the pokey and decided to look me up . it's 'cause he knows i'm a sucka. he asks for a few bucks and promises to pay me back. he never will. i won't be surprised to never see a dime.
one time he gave money. when he had a car accident and could not work, i cancelled our child support agreement. three years later, he won his law suit and came into some cash for the accident. i was tickled that he kicked down a few thousand for me and more for our daughter. he said it's 'cause i've always been there to hellp him out.
found out later, he'd won a half a million.
dawg...........
2007-06-23 05:13:57 · answer #7 · answered by slkrchck 6 · 0⤊ 0⤋
Unless he signed a loan paper and agreed to pay them back, I doubt if they can do anything.
2007-06-23 05:09:21 · answer #8 · answered by sbyldy 5 · 0⤊ 0⤋
It would be a civil matter, not a criminal one. The Police have nothing to do with it and wouldn't get involved.
2007-06-23 05:10:48 · answer #9 · answered by dh1977 7 · 0⤊ 0⤋
What did they be doin to gets the cash?? And why do George be dissin them? Geo be gitten his soon foe shoe.
2007-06-23 05:06:47 · answer #10 · answered by Anonymous · 0⤊ 2⤋