[hortonklyn]

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

[JudyKayTee]

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 - ?

[this8384]

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.

[hortonklyn]

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

[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!

[this8384]

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!

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.

[hortonklyn]

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!!