Legal Question in Credit and Debt Law in Maryland

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In 2001, my 37 year old son borrowed $33,000. to clean up his credit report and used $30,000. to put down on a house. I have a handwritten agreement he signed, stating he would pay $300. a month until 2010 (payoff date). Since then he repaid $3,000. (with the last payment in 2003). In 2004, he asked me to lend a friend $7500. to be repaid within one month. I refused until he promised to repay it himself if it was not repaid in a month. I received two $500. payments over the course of the first 2 months, with no more payments. I have been telling him (my son), to pay it back since then. He's paid nothing. His friend did 3 or 4 in jail starting in 2004. My son won't help me find him or try to get money from him. My son said he would repay it. He hasn't paid anything. Unbelievably, I gave him $3200. in 2006 to buy a late model Mitsubishi Gallant. He's a mechanic, and was going to do about $100. of work on it. Then he'd sell it and we would split about $2,000. profit. It sat in his driveway for months and then he left it at the used car/repair shop where he worked. A few months later, he quit his job, giving no notice. His employer told him he could not quit until he paid his employer the entire amount. My son called me to tell me he had to give his boss my car to satisfy the debt, and any profit his boss made when he sold it (amount over $3000). would be mine. My son said he had a Volkswagon Cabrio he was making minor repairs to, with a book value of $4500., and he would either sell it to repay me the $3000. or give me the car. The Cabrio is sitting in a parking lot, untagged for at least 6 months. I see it every day. He told me about 18 months ago that he would get inspected and give it to me the next day. He didn't.

Every member of our family knows he borrowed the money and won't repay any of it. They will all testify to that. I have bank records and the agreement he signed.

About a year ago, he made many repairs and upgrades to his house. He refinanced it and took the equity, (he bought the house in 2001 for $69,900.) He put $30,000. (my money) down. His mortgage was for about $40,000. His house is currently worth about $250,000. He took the money from refinancing and bought a crane and tree service with a partner who could only invest $10000. They are very successful. They own 2 cranes, a fleet of dumptrucks, etc. His partner is driving a $50,000. Corvette and there's a BMW in my sons driveway. Can I try to collect from his business, since the money he paid for it with should have gone to me? He lied when I asked if he was fixing his house to refinance it, he lied about how he paid for the business, and about repaying me. He says, "It should be a gift". Can I hire you or any attorney who's interested and have my son pay the bill? I have begged him not to let this go to court, to just call and work something out. He has ignored me for over a year now. I don't want to sue him or tear our family apart. He has no contact with any of us, except a weak relationship with one of his 4 siblings.

I'm sorry this is so long.

Any advice would be appreciated. Carol Cowan


Asked on 9/21/09, 1:27 pm

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

Unless the matter falls under 5-102, which noted below, you have three years to bring suit. However, because the payments are still due and payable until 2010, you should still have viable claim. I would need the review the contract to provide a definitive answer.

If possible, you should retain a local attorney in Carroll County. If you cannot find one, I will talk to you further about your case. I have an office in Baltimore Maryland.

300 E. Lombard St., Suite 840, Baltimore, MD 21202

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Answered on 9/26/09, 2:25 pm


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