QUESTION

What can I do if my ex father-in-law is suing me for money he lend me?

Asked on Aug 07th, 2014 on Bankruptcy - Illinois
More details to this question:
While we were engaged, my ex-wife and ex-father-in-law convinced me to borrow money from him to pay off two credit cards 6 months prior to the wedding. A large portion of the credit card debt was from purchasing the engagement ring. She agreed that we would pay the loan back together once we were married. While married, we paid monthly payments to him out of our joint checking account. Two years later she filed for divorce and refused to return the engagement ring, stating that it was a gift. Once she filed for divorce, we stopped paying back the debt to her father. Now, almost a year after finalizing the divorce, he is suing me in small claims court (Illinois) for the remaining debt of $4,500. The ring was purchased for $4, 484 and valued at $6,000. I still have the receipt from the ring and a statement of its value. He has no promissory note, only copies of the signed checks and a repayment history. Does my ex-father-in-law have a case? Should I involve my ex-wife and try to put half the debt on her since we agreed to pay it back together? Also, our divorce papers state that each of us is responsible for any debt we incurred separately before getting married. Is it possible that they will get away with my $6,000 ring plus my $4,500?
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2 ANSWERS

General Practice Attorney serving Belvidere, IL at Law Offices of Henry Repay
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Speak with your divorce attorney or another family law attorney. If you are interpreting your divorce documents correctly, then you can make the case that your ex-wife should be responsible as well. If she is, however, her responsibility would be to you under the divorce. Her father can seek to enforce the debt against you and you in turn would have to collect her share.
Answered on Aug 11th, 2014 at 10:04 AM

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Debt Collection Attorney serving Chicago, IL
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Under the Illinois Statute of Frauds a contract which is not by its terms to be repaid within one year is not enforceable unless there is a writing signed by the party to be charged (you) setting forth the basic terms. It is unclear whether the debt is your responsibility under the divorce papers. The answer depends on the exact language and whether the promise to repay was just yours or made by both of you. This is one of the reasons why the law requires certain promises to be in writing before they can be enforced.
Answered on Aug 11th, 2014 at 7:48 AM

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