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Delinquent sister debt

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stebbinsd

Member
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.
 


Silverplum

Senior Member
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.
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You are, hands-down, the scariest poster I've seen all week. :(
 

Just Blue

Senior Member
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.


You had no agreed upon pay back date...It's been, per you post, a "few months. You have no case.

You also might want to google the "Usury" laws for your state.;)
 

ecmst12

Senior Member
Sue her in small claims court for whatever portion of the $250 she has not paid back yet.

Don't be surprised when the rest of your family suddenly stops speaking to you.

Seriously, you're going to take your own flesh and blood to court over this tiny amount of money, when you know full well she's had some bad luck and doesn't have it to pay right now? Instead of giving her a break and some reasonable amount of time to pay you back? If you were going to be at a hardship because of this loan, you shouldn't have agreed to it - if it's NOT a hardship, then you might want to look a little harder and find your soul, you seem to have misplaced it.

Even if your sister is a known deadbeat or has substance problems, then your mistake was lending her the money in the first place and expecting to get it back at all - that's called ENABLING.
 

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