Legal Question in Civil Litigation in North Carolina

gentleman's agreement

I entered into an agreement with my father to give him $300 monthly for the rest of his life in exchange for his $40,000 annuity to avoid going into bankruptcy. Nothing was in writing. I recently had a falling out with him about his total neglect of my children and total involvement with my sister's daughter. He now wants all of his money back at the rate of $500 monthly for 12 months then all back at once. This is impossible. Since nothing is in writing and I do not want to violate our gentleman's agreement, can he sue me and make this change? There is no contract due to his desire to make money over what he is allowed. He has a $250,000 home paid for (all he has is paid, including 22 weight machines in which he payd no income taxes)which and be used as a reverse mortgage for any monetary need. Instead he writes my daughters telling them that he paid for their college and cars (when he did not!). This was extremely embarrassing for me. All of this because I told him that he was not being fair to my children. I am convinced that he only wishes to hurt me futher. I work 7 days weekly for long hours and my wife works. We are barely making ends meet.


Asked on 3/01/04, 11:58 am

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin

Re: gentleman's agreement

He will likely not be able to sue and accelerate the payoff. Actually, if there is no writing concerning the amount owed and the pay off rate, you may not be bound to repay. The Statute of Frauds requires a writing for contracts involving more than $5000. However, this appears that it could be a long-standing, on-going matter.If you are interested in obtaining access to legal advice for this and any other issues that may arise throughout your familie's lifetime without the need to pay out big bucks first. If you would like more information, please e-mail me and I will send it out to you.

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Either way, I wish you good luck.

Jim Griffin

Attorney at Law

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Answered on 3/01/04, 11:36 pm


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