My mother just received a claim from my aunt of money she claims is owed to her from previous loans. She has copies of the "duplicate" check written to her dated 12.1.05 for $500.00 and two others for $60.00 each dated in 10.01.06. My mother said she had repaid the $500.00 in cash to my uncle before he died- my aunts husband. No receipt. She said she never borrowed the other two amounts of $60 each.
On the claim the aunt has the copies of the duplicate checks and also used the check register to claim a total of $1120.00. I can see obviously where the amounts were added together so immediately I know the claim is not as much as stated but... how can I help her respond in writing to this claim?
Thanks

She responds that the one loan is correct and was paid back, no receipt.

She denies the other two.

The Judge will believe one party.

This is a very difficult situation - I see your mother being ordered to pay the money she paid back but I don't know how your aunt is going to prove the other loans - ?

If I were your mother, I'd ask for copies of the checks themselves. If your aunt can't provide them, she should be able to get a copy of her checking statement which will show which checks were cashed and what amounts they were for.

Also, what state are you/your mother and aunt in? Your aunt may be out of the statute of limitations but we need to know which state you're in.

Thanks for the response. I was also wondering what if any at all of the "evidence" is creditable. The copies are from the duplicate side of a check... it shows no endorsement.. or even if the checks were put through the bank system. Also the register is merely a record keeping journal. I would think that the strong evidence would be the actual check that had been endorsed and return with a monthly statement. I'm typing up a response for her so I wanted to sort of... sound like she knew what was creditable and what was not as far as evidence of a loan or no loan.
I appreciate your help.
Thanks

This8384,
Thanks for the response. We live in Montana. As I was typing you must have been posting. I was curious as well about the statute of limitations.

I would think (not a lawyer or at all used to legal--ees) but a mere copy of a check duplicate could be made up anytime as well as a register. An official document that was put through the banking system would be much more damaging to my mom than the evidence presented.

Thanks again for all the help! What a great site!

Quote:

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Originally Posted by hortonklyn

This8384,
Thanks for the response. We live in Montana. As I was typing you must have been posting. I was curious as well about the statute of limitations.

I would think (not a lawyer or at all used to legal--ees) but a mere copy of a check duplicate could be made up anytime as well as a register. An official document that was put through the banking system would be much more damaging to my mom than the evidence presented.

Thanks again for all the help! What a great site!

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Montana has a SOL of 5 years, which means your aunt can still legally sue your mother.

I would send her a letter asking for photocopies of the cancelled check(s), not copies of check duplicates. Duplicates mean nothing; cancelled checks prove where the money went.

Okay will do.
Just to be clear in the response to the complaint filed through the court I request for proof of the claim in the form of a canceled check.
AGAIN THANKS MUCH!!