[Erin1970]

Hello, I loaned my brother 10K to pay for his wedding. That was 15 years ago. I received $700 a month ago towards the debt, from what my brother called "his" money. He had a failed business and had to declare bankruptcy. His home had to be put in his wife's name, they have sold that home, and the money from the sale is in a bank account in her name. She doesn't consider the money to be theirs, only hers, (shes a gem I tell you )She refuses to pay me a nickel, simply because it was my brother that asked for the loan, regardless that it paid for "their" wedding. Is this still considered a martial debt? Can I sue her for it? Thanks

[excon]

Hello, I loaned my brother 10K to pay for his wedding. That was 15 years ago.

Hello Erin:

The statute of limitations has run out, so you can't sue anybody.

excon

[Just_Another_Lemming]

Sorry for your troubles. Technically, if the agreement was between you and your brother, you are out of luck if he doesn't have the funds to pay you back. Morally, your SIL should attempt to repay you but legally, you didn't have a contract with her and she is under no obligation to repay the loan.

[Erin1970]

Well that's pretty much what I figured, and that stinks! Thanks for the answers.

[excon]

Just_Another_Lemming finds this helpful: Thanks for confirming what I thought but wasn't 100% positive.

Hello again, Erin

Yeah... If you had loaned the money AFTER he was married, it would be a marital debt.. But, the SOL has run out anyway.

I am, however, second guessing myself... The fact that he paid you $700 recently, arguably MIGHT restart the SOL. Collection agents use that ploy all the time. It seems to work for them... I think it's a long shot.. But, at least it's a shot. In small claims court, if you show up, you have a shot...

Yes, you'll only get a judgment against your brother, and NOT the wife/banker... But, a judgment against HIM will impact her, even if she isn't on the judgment - or not.

Like I said, it's a shot. You can only sue for the max in small claims, which, no matter where you live, isn't more than $5,000. Yet... It's a shot.

Excon

[Fr_Chuck]

Yes, the debt is too old to sue for in court, he will always owe you the money, but nothing you can do to make him pay.

[Just_Another_Lemming]

Yes, Ex, the recent $700 payment left me unsure whether the SOL ran out and she could actually win a judgement against her brother.

Erin, as we all have said, you can't sue your SIL and expect to win because the contract was with your brother. The other part of the problem is, if you chose to sue your brother and actually won (longshot), your brother doesn't have any money in his name. So, the win would be on paper only AND you will be out additional money for court costs. In my opinion, it just isn't worth the time, money, & aggravation to attempt to sue him now.

I know you are angry at your SIL but please keep in mind, a person who transfers assets to a spouse's name and then files for personal bankruptcy knows EXACTLY what he is doing. She may be holding the purse strings in name only and he is still making the money decisions. If you still have contact with your brother and want to maintain a relationship with him, you need to just forgive him and not hold a grudge against his wife. Just forgive them both to keep the peace and NEVER lend them anything again. Maybe at some point down the road when your brother is solvent again, he will try to do the right thing and repay the loan. I am truly sorry for the situation you have found yourself in.