Legal Question in Credit and Debt Law in Florida

I bailed my ex-son in law out of jail in 2009 and he started paying me about $120 per month until he got mad and stopped. He still owes me around $2300. Also, my daughter and he placed $8200 on my credit card and he has been paying me $100 per month for a few years now. Well, now he is using the money he paid me for the bail money and putting it towards the $8200 card. The problem is my daughters lawyer did say in the court papers for him to PAY OFF the card, it only says pay $8200. Can I take him to court over a verbal agrement for the rest of the bail money? Thank you so much for your time and effort.

Asked on 7/30/13, 8:51 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

the simple answer is yes you can sue him for the remainder of the bail money. The suit would be filed in small claims court.

I would suggest approaching him about signing a promissory note explaining the debt he owes and setting out a re-payment schedule for the entire amount. The agreement can specify how much of each month's payments is being applied to each debt. Given that the interest rate on the credit card debt is likely high, I would think it's in your best interest to get that paid first (unless you have already paid it and he is simply reimbursing you).

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Answered on 8/02/13, 6:21 am

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