Legal Question in Civil Litigation in Virginia
mother in law & unsecured loan
Hi my mother in law is a very lonely 74 year old woman. She is German. She met a black man 59 yrs. old. They have been friends for seven months( not sure how if they are romantically involved, but I think they must be). He talked her into buying a truck for him. It cost about $3,500.00. She did not protect herself at all by putting a lien or putting her name on the vehicle. She trusted this guy to pay her back. He paid her back $1,500.00 in a one time payment right after she bought it for him. As soon as she bought it he tried to break off their relationship and he hasn't paid anything in quite some time. If he refuses to pay the rest does she have any recourse? Doesn't the fact that he made one payment show that he was supposed to pay her back. He used her & I just hope she can do something . Thanks
2 Answers from Attorneys
Re: mother in law & unsecured loan
She would have to establish that there was an agreement to pay back the full amount. The fact of one payment is not conclusive on this (as the remainder could have been a gift).
Re: mother in law & unsecured loan
If "she trusted this guy to pay her back", then she must have thought that she must have been making him a loan(as opposed to a gift), and if he now refuses to pay the balance owed on this loan, her recourse is to sue for it in small claims court.
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