In need of advice, please help. :(

[LauraNJ]

I think legally it would be enforceable. The $100 is being paid against that loan each month so most courts would look at that as proof that there is an agreement. I would make sure you can prove how much was borrowed and proof (in the form of receipts, checks, money order receipts) of your repayment so there is no question as to how much you have paid and how much you owe. I would make sure not to miss even one month or to be late.

Regardless of the legalities of a verbal agreement, ethically it would be wrong to not repay a loan, especially from a friend who was generous and trusting enough to loan money and now is going through a difficult time.

I always tell my kids to never borrow money or loan money to friends or relatives. Either give it as a gift with no expectation of repayment or say no. Anything else usually ends poorly and relationships suffer.

 

[Coop Deville]

You obviously haven't sat in on the same small claims courts I have. I have seen oral contracts enforced and judgements levied in small claims on oral contracts many times. Maybe it is different if the amounts in dispute are large enough to require settlement in a regular court,

Whatever you saw in small claims court probably didn't fall under the statute of frauds. Like I said, there are certain oral contracts that won't be upheld. Just try to go to court and try to enforce an oral contract for a conveyance of land. Or an oral contract whose performance will occur more than a year after the agreement.

 

[Carols Clucks]

Some contracts have to be written to be enforced, like the conveyance of land or a rental agreement. Those are specifically listed as must be written in my state.

If the state the loan was made in has similar laws, a verbal agreement where both parties had an understanding and there were payments accepted, it would be enforceable.

But that is not the real issue here, it is that one friend borrowed money from another who now needs it back at a faster rate than has been paid. If you want to keep a friend, return a bit more than the minimum even if it hurts. Loosing the friendship might hurt more and their reason for needing money is not part of the loan agreement (neither was the car accident on the borrowers part) If they want to sit on the beach and throw dollar bills in the ocean, that is their option, it is their money. They took a chance and helped you when you needed it.

Try and repay the most rather than looking to how you can keep paying the least.

 

[RunningRabbit]

So, it's been awhile since I posted to on here and I have some amazing news. I still can't believe it myself, even though I've had two days now to digest what happend.

I got a promotion at work.

Me. Someone who always worked hard to do right by my son and stand on my own two feet. Someone who, even though a lot of my jobs sucked, I always worked the best I could. Who was always overlooked by other employers when higher up jobs were available. My god...I'll be earning $12 an hour. It won't take effect for another 2-5 months, but it means I get to work full time and overtime as well. I even get a full week of paid vacation next year.

It also means I get almost $1000 before taxes every two weeks. It means that I will be able to pay him at least $200 a month, minimum, after my pay raise takes effect. This happening is just increadible.

Today, I gave people directions at work and they did them without question or hesitation. Thy were even saying 'Yes Ma'am" to me. That's never happened before. This is even more wonderful, if I take into account the fact that I truly love my job. For so long, I balanced on the edge of absolute financial ruin and now, my son and I's future is so much brighter. For the first time, I actually feel finacially secure. After I got into my car to leave after finishing my shift, I cried. The horrible weight that had been on my shoulders, has lighted to almost nothing. I can breathe easy again.

I always pushed myself to learn all the aspects of my job, to be the type of employee that businesses wanted and needed the most. My dedication and hard work actually achieved results. That being said, even if our friend ship is on rocky ground, I can still ensure that he will get his money back, and then some.

 

[Coop Deville]

Congratulations!

 

[Deerling]

So, it's been awhile since I posted to on here and I have some amazing news. I still can't believe it myself, even though I've had two days now to digest what happend.

I got a promotion at work.

Me. Someone who always worked hard to do right by my son and stand on my own two feet. Someone who, even though a lot of my jobs sucked, I always worked the best I could. Who was always overlooked by other employers when higher up jobs were available. My god...I'll be earning $12 an hour. It won't take effect for another 2-5 months, but it means I get to work full time and overtime as well. I even get a full week of paid vacation next year.

It also means I get almost $1000 before taxes every two weeks. It means that I will be able to pay him at least $200 a month, minimum, after my pay raise takes effect. This happening is just increadible.

Today, I gave people directions at work and they did them without question or hesitation. Thy were even saying 'Yes Ma'am" to me. That's never happened before. This is even more wonderful, if I take into account the fact that I truly love my job. For so long, I balanced on the edge of absolute financial ruin and now, my son and I's future is so much brighter. For the first time, I actually feel finacially secure. After I got into my car to leave after finishing my shift, I cried. The horrible weight that had been on my shoulders, has lighted to almost nothing. I can breathe easy again.

I always pushed myself to learn all the aspects of my job, to be the type of employee that businesses wanted and needed the most. My dedication and hard work actually achieved results. That being said, even if our friend ship is on rocky ground, I can still ensure that he will get his money back, and then some.

I'm so glad to hear this! You sounds like a caring and thoughtful person and I'm so happy for you

 

[punk-a-doodle]

Huge congratulations!