I have never done anything wrong in my life, except for one speeding ticket. I borrowed money from family for a couple of years and did not use it for what I said I was using it for. Now they have found out, want their money back (which I did try to pay back on several occasions and they wouldn't take it) and now they are sueing me for it & claim they are going to try to put me in jail. They are sueing me for checks and cash gifts, as well as a loan I did sign for. What's could happen to me?
2007-09-17 10:41:37 · 11 answers · asked by champaigne taste 1 in Politics & Government ➔ Law & Ethics
This is a civil case, not a criminal case. So you can't be put in jail. The most the court can do is force you to return what you borrowed. I suggest you do that before they have to go file a lawsuit, because if they do sue you, you will lose.
2007-09-17 10:49:15 · answer #1 · answered by Anonymous · 0⤊ 0⤋
they can not put u in jail even if u borrowed the money and they did not make u sign a contract by right you shouldn't have to pay it back at all and can claim they gave it to you as a gift. But now if you indeed admit you borrowed it and tried to pay it back and they denied it the judge will then ask why they denied it. If they admit to denying it you will not have to pay anything back most likely if they say you never offered to pay it back you will then have to pay back some or all the money they claimed was borrowed. Either outcome you will not go to jail. You did not steal from your parents you borrowed from your parents even if you stole from your parents and since you have no previous CRIMINAL record the most you would get was probation. In this case you will either be liable for paying nothing or have to pay back some or all the money you owe. Either way no jailtime is in your future on this case.
2007-09-17 10:53:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The only crime that even comes close to what you are describing would be larceny by trick or some kind of embezzlement, but I don't think you have anything to worry about. I don't see a crime here.
Unless you have defaulted by the terms of the promissory note, there is no reason for them to sue you. Indeed they cannot win unless you have given them reason to accelerate the debt according to the repayment terms of the promissory note.
Your argument for getting out of paying for the "gifts" is "Why would they make you sign a promissory note for a loan on one occaision and not on the other, if they intended it to be a loan?"
2007-09-17 10:55:04 · answer #3 · answered by the hump 3 · 0⤊ 0⤋
Anything which has a written proof and have your sign on it can get you in trouble. If you think that you cannot pay off the total, tell them that you feel very sorry for what you did and you can do anything to return it back in installments. But if you have money and you are not willing to return and you know that they are going to put you in jail, then get a lawyer.
2007-09-17 10:50:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you can not go to jail for this but you will have to repay the loan not the cash gifts you should have just sent them a check and kept record of the check then if they did not cash it at least you could show where you attempted to pay it back just sounds like they do not like being lied to
2007-09-17 10:48:48 · answer #5 · answered by billc4u 7 · 0⤊ 0⤋
I suggest you learn to follow a beer budget and return the money you spent on the champages.
not likely you will go to jail but you will probably lose a civil case and get a judgement against you. your wages can be garnished. you do not need a record / will impact your empoyment . also why would you treat your family like this ?
these people sound decent/ good and to have loved you ?
this is no way to treat people. i believe you need to MATURE a bit. Grow a heart.
2007-09-17 10:57:08 · answer #6 · answered by Mildred S 6 · 0⤊ 0⤋
depending on the terms of the loans, you may be in violation of the contract. If the loans specified what you were to use the money for you may need to pay contract breech penalties. I dont think you can go to jail.
2007-09-17 10:49:16 · answer #7 · answered by Anonymous · 0⤊ 0⤋
they can only sue you for what they can prove they lent you- but you will not be put in jail for using the money for something else.
i think the only way you could be in trouble is if they put down in the contraxct that you would only use the money for ...
good luck either way.
2007-09-17 10:49:54 · answer #8 · answered by Daniel 5 · 0⤊ 0⤋
So, tell us what you used the money for. Were you gambling, impulse spending, dealing drugs, or what. You won't go to jail for lying to them, but if they can prove you were doing something illegal with the money, it could be more of a problem.
2007-09-17 10:49:32 · answer #9 · answered by ArRo 6 · 0⤊ 0⤋
You did not commit a criminal act. You can be sued and may owe them some money. But that is all.
2007-09-17 10:47:30 · answer #10 · answered by regerugged 7 · 0⤊ 0⤋