Q: If someone loaned me money but told me I don't have to pay them back, can they sue me for not paying it back?
My brother in law loaned me money. He did not give a repayment timeline and said he would never collect if I didn't pay him back. I was paying him back but my wife is divorcing me so I do not feel obligated to continue paying him back.
The agreement was verbal, there is no contract.
A: In California, verbal agreements can hold legal weight, even without a written contract. While your brother-in-law initially indicated that you didn't have to repay the loan and he wouldn't collect, the enforceability of this verbal agreement could depend on various factors. The understanding and intent of both parties are important considerations, along with the change in circumstances due to the divorce. It's advisable to maintain open communication with your brother-in-law and discuss the situation openly. While he may have waived repayment initially, he might have a different perspective now. If the matter escalates and legal action is pursued, a court would assess the evidence and the specifics of the verbal agreement.
A: In California, verbal agreements can be legally binding, even if they are not in writing. If your brother-in-law can provide evidence of the loan and your agreement to repay, he may have grounds to pursue legal action to collect the outstanding amount. It's recommended to consult with an attorney to fully understand your situation and potential legal obligations.
A: Verbal agreements could be binding (aside from certain issues, such as statute of frauds, etc.). Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
