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  1. #1
    Join Date
    Jun 2007
    Posts
    18

    Default When is a Loan Forgiven

    What is the name of your state (only U.S. law)? PA

    Let me see if I can explain this, I wasn't sure if this was the proper forum or not.

    At some point in the past few years my significant other was instructed by her mother to withdrawal money from mom and step-dad's checking account in order to feed mom's bingo habit (or whatever else she was purchasing). Over time the amounts grew and grew to the point where step-dad started noticing. When mom was approached by step-dad about the withdrawals she lied about it being for her terrible bingo addiction and placed blame on my significant other.

    Seeing as how there wasn't any way for my significant other to prove her innocence and that she was acting under the instructions of her mother, she agreed to repay whatever the amount was. (I wasn't involved with her then and never really asked what the amount was.)

    Fast forward a few years and we find my significant other facing a diagnosis of breast cancer. When mom and step-dad find out that my significant other is possibly faced with a life-threatening disease she receives messages of prayers and hopes and all the things that go along with those types of life's situations.

    Just a few weeks ago she receives a message from step-dad basically relieving her of her obligation of said debt, to which we both were relieved to hear because we weren't sure what costs would be associated with whatever medical issues might arise in the future.

    Thankfully a week later the biopsy results came back negative; just a benign tumor.

    Well, sure enough, a few days later, step-dad and mom find out that daughter is negative for breast cancer and the texts messages and calls start again reminding her that she owes money.

    That's our situation. Is there any kind of legal recourse? Suggestions? Or does she just have to continue paying these cretins and hope Mother Karma repays them?

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: When is a Loan Forgiven

    Your wife's story is not very credible, and both her decision to pay back the money and her choice not to share the full story with you suggest that there's more to the story than you know.

    I have no access to any of the messages about the debt, so I'm not in a position to tell you if they constitute forgiveness of the debt or if they're conditional.

    Depending upon how long ago all of this occurred there may be a statute of limitations issue.

    If your wife doesn't want to pay the money back, nobody is making her. She can stop paying and see if her parents sue her.

  3. #3
    Join Date
    Jun 2007
    Posts
    18

    Default Re: When is a Loan Forgiven

    Quote Quoting Mr. Knowitall
    View Post
    Your wife's story is not very credible, and both her decision to pay back the money and her choice not to share the full story with you suggest that there's more to the story than you know.
    I know the approximate amount and know how much she is paying them per month, I didn't want to go into much detail on a public forum. My SO has several witnesses that can verify that her mother handed my SO the bank card on several occasions and instructed my SO to make withdrawals. [/quote]

    I have no access to any of the messages about the debt, so I'm not in a position to tell you if they constitute forgiveness of the debt or if they're conditional.
    The message regarding the forgiveness was pretty clear. "You don't have to worry about repaying that loan," is what it said.



    If your wife doesn't want to pay the money back, nobody is making her. She can stop paying and see if her parents sue her.
    That's sort of what I suggested. If she refuses to pay and they sue her, she certainly has the witnesses to verify that her mother was instructing her to make the withdrawals on her behalf. I would imagine if that were the case and mom is lying to cover her own reputation with step-dad that the threat of those lies being exposed in court would be a deterrent to her agreeing with step-dad to pursue legal actions.

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