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    Default Oral Contract of Loan Enforcement

    My question involves a consumer law issue in the State of: Oklahoma

    My fiance and I were involved in a car accident in October of 2009. After the settlement was reached in 2010 (I do not remember the month) she loaned out part of her settlement money to her father, and to her mother, totally separately.

    Her father recieved $1500, iirc, and began repaying the amount one week after recieving it. He has since continued to pay on the amount faithfully. This was an unwritten oral contract.

    Her mother was loaned to under the pretense that she would repay when she was able to. My fiance was pressured by other members of the family, mainly maternal grandparents, into loaning to her mother the amount of $2000. Again, this was an unwritten oral contract.

    Now, she and I have fallen on a hard spot that is extremely important, because 90% of our bills are in MY name alone, because I had credit at the time. However, I cannot have anything going to collections or whatever b/c it will disqualify me from the DEP in the Air Force. Anyway, she called her mother and asked for repayment of some or all of the amount so that we could pay our bills. She said no. My fiance then recieved a call from her maternal grandfather, an insurance adjuster, who told her that her mother didnt owe her anything and wouldn't pay. He then went on a tyrade about how they wouldnt help her because she was an adult and that they should ask her dad for his repayment. Then he said we should ask MY dad for what I gave him (which pissed me off royally. I gave my dad $700 because I owed it to him, there was no loan to speak of! Hell, I gave $1100 as tithe to the church!) and told her that she had been irresponsible and nto to ever ask them for advice or moeny again. Intereastingly, they said that they helped her get as much as she did so that she could give it to her mom. This was NEVER discussed EVER prior to this conversation. In fact, he said "Welcome to the real world. You're not getting your moeny back"

    I really dont care that much about the money, jsut that they have decided to treat my fiance in such a way. Her grandparents are laoded and told her so during this conversation, and I firmly believe the only way to have them listen is to have them ordered to do so.

    So, here's my questions.

    <>I feel that because there were two loans made at the same time, both oral contracts, that one has been paying on, should logically conclude that the other was a loan as well. Does that work?
    <>Most of the family knows that she LOANED the money to her mother. I dunno if they would witness to such a thing, but it is known.
    <>Is there anything we can do at all, by way of making them pay? This amkes me really really angry.
    <>Ive never done something like this so jsut let me know if there is anything I need to find out for yuo guys. Thanks in advance for all the answers.
    <>Could this be Fraud? I know for a fact that her mother apparently understood this to be a loan.

    If this is the wrong section, please move it. I couldnt find the actual loan area. Thought this, b/c a loan is a service one sells.

  2. #2
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    Default Re: Oral Contract of Loan Enforcement

    You indicate that your fiancée engaged in two separate transactions for different amounts on different terms. Neither transaction is relevant to the nature or terms of the other transaction.

    If she is so inclined, your fiancée can try suing in small claims court. However when you loan money on the agreement that "she would repay when she was able to", it's unlikely that you would prevail in court if those terms are known to the court and the borrower responds, "I am not presently able to repay".

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