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    truck 41's Avatar
    truck 41 Posts: 221, Reputation: 21
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    #1

    May 6, 2010, 09:44 PM
    What can I do?
    Here's what I'm up against, I barrowed 3,500.00 doll. From my bro. inlaw in jan. of 2008 with the intent of paying it back in a month. Will the money that I was counting on to pay it back did not materialize and I ended up not being able to pay it back as promised. So we agreed that I would do work on their home and deduct the labor from the money owed, we are family so everything was done buy a hand shake only. Well then the economy went bad and work got slow and finances started getting short and a struggle began to support my family of five, ( Im the only source of income.) will in 2009 we all took a pay cut at work, and our health insurance went up which set me back 200.00 doll. A week more. Will I have not done any work for him in some months and he had been pressuring me to pay him 2,500.00 doll. That he says I still owe him. Which brings us to the problem, in the last phone conversation with him he told me that he didn't want to deal with it any longer so he said keep the money its yours and then that was the end of it so I thought. That was about three weeks ago, will I got served papers from small claims court that he filed against me for the money he told me to keep. I took it to heart that he had erased the dept, and know I feel that he did it intentionaly. What can I answer to this claim? He does have a copy of the check and it cashed by me. All I have is the memory that he said to keep the money it was mine. I would greatly appreciate some advise on this matter. Thanks so much for taking time to read this post.---zeke---
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 7, 2010, 10:57 AM

    You will go to Court with your proof; he will take his. The Court will listen to both of you and make a decision.

    I don't understand why you didn't work off the debt as promised.

    However, I don't think a Judge will believe that your brother-in-law considered the debt paid - or told you not to pay it. If you can present proof of a past relationship of "give and take" you might have a chance. However, that's a chunk of money to give someone as a gift - and that's what you are up against.
    truck 41's Avatar
    truck 41 Posts: 221, Reputation: 21
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    #3

    May 7, 2010, 10:35 PM

    I know it is a dificult situation, how ever I had worked on reducing that debt for a span of a few months, I would go work on his house on weekends and evenings after work. I installed new kitchen cabinets, replumbed his laundry room, relocated his water heater, ran cable for his TV, rerouted gas lines, ran gas for a range, removed airduct from the attic , rewired parts of the kitchen, installed ceiling fans, lights, and so on. So I had worked to reduce that debt, and we had agreed that if I didn't have the money to pay him back then I would continue to do small projects for him, and deduct the cost of labor from that debt. We had one project pending and he had reminded me that I was to deduct the labor from the money owed to him. Anyway, I guess I don't have the evidence to prove that I have worked off some of that debt. Thanks for your reply.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 8, 2010, 07:40 AM

    - but you do have evidence. You have your word and your calendar of what you did and when you did it and how long it took, what a reasonable labor rate would be. That is how you testify.

    I don't think the Court will simply "erase" the remainder which you did not work off but if you give a good presentation you have a good chance that the work you have done will be a credit,

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