QUESTION

Lawsuit

Asked on Oct 31st, 2025 on Collections - North Carolina
More details to this question:
I’m on my daughter and son-in-law $150,000 on my home equity loan it was supposed to be paid back within a year. It’s now going on four years. They were just paying interest only and now they have defaulted not paying any of the interest due $150,000 is still due and now they’re not paying interest. Need to know what rights I have. I didn’t sign a contract with them. My bad my bank was withdrawing from my daughter and son-in-law‘s checking account the money each month again interest only now that they’ve defaulted. I’m just looking to see what rights I have. They are located in Thomasville North Carolina And I am located in Rochester Minnesota looking for Attorney probably in the Thomasville area. I would think any help would be appreciated thank you.
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1 ANSWER

Family Attorney serving Huntersville, NC
Partner at Adkins Law PLLC
1 Award
Even without a written contract, you may still have legal options under North Carolina civil law to recover the money if you can show there was a clear agreement or understanding that your daughter and son-in-law would repay the loan. Their past payments toward interest strongly support the existence of an oral contract or implied agreement to repay you. You’ll want to gather all documentation showing the loan and payment history — bank statements, withdrawal records, text messages, or emails discussing repayment terms. Those can be used as evidence in a civil lawsuit for the remaining balance. Since they live in Thomasville, NC, you’ll need to hire a North Carolina attorney—ideally a collections or civil litigation lawyer in Davidson County—to file the claim locally. Depending on the amount and circumstances, your attorney might pursue repayment through a breach of contract claim, a promissory estoppel argument, or even a constructive trust on the property if the funds were tied to it. Act sooner rather than later—North Carolina has a three-year statute of limitations on most oral agreements, so timing matters. A local attorney can review the full history and file the proper suit to protect your right to recover the $150,000.
Answered on Nov 05th, 2025 at 12:49 AM

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