What is the name of your state (only U.S. law)? Arkansas
A few months back (I don't remember the exact date, but it is definitely within the Statute of Limitations), my sister called me up and begged me for $250, promising to pay me back $300. She made a few payments, but then stopped paying me. After giving her a sort of "collections call," I found that her fiance, and independent contractor, had not found work in 2-3 weeks, and so she is incapable of paying me back. However, she does not seem to undestand credit law: It doesn't matter if the debtor has the money; what matters is if the creditor has the money.
It was all oral, but I have at least one witness in this case: Our mother, who had been acting as our liaison. She doesn't like the fact that I'm "being a dick" about it, but she's not about to commit perjury.
However, we never agreed on a specific payback date; however, I don't think that can mean that she can wait until one of us is on our deathbed to pay me back; common law has to cut the creditor some slack, here. The way that creditor-debtor law is designed, the only way the creditor is supposed to be SOL is if the debtor goes full-on Chapter 7 bankruptcy.
How exactly does common law fill in the blank spots in my case? Remember, my jurisdiction is ARKANSAS, so please, with all due respect, don't cite cases outside that state.
A few months back (I don't remember the exact date, but it is definitely within the Statute of Limitations), my sister called me up and begged me for $250, promising to pay me back $300. She made a few payments, but then stopped paying me. After giving her a sort of "collections call," I found that her fiance, and independent contractor, had not found work in 2-3 weeks, and so she is incapable of paying me back. However, she does not seem to undestand credit law: It doesn't matter if the debtor has the money; what matters is if the creditor has the money.
It was all oral, but I have at least one witness in this case: Our mother, who had been acting as our liaison. She doesn't like the fact that I'm "being a dick" about it, but she's not about to commit perjury.
However, we never agreed on a specific payback date; however, I don't think that can mean that she can wait until one of us is on our deathbed to pay me back; common law has to cut the creditor some slack, here. The way that creditor-debtor law is designed, the only way the creditor is supposed to be SOL is if the debtor goes full-on Chapter 7 bankruptcy.
How exactly does common law fill in the blank spots in my case? Remember, my jurisdiction is ARKANSAS, so please, with all due respect, don't cite cases outside that state.