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What date for SOL?


cgirl
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While married, we borrowed $12,000 from a credit union (May '99). His mother put up a CD to insure the debt. We filed for divorce and during that wait, the credit union seized $12,000 from her CD's in May '00. The court decided that her son (my ex) was to pay the debt (he has not). She is now suing me for $12K+. The petition says suit on oral debt. My question is regarding SOL - which date is the SOL date? The date I borrowed the money from the bank, or the date they took her money?

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While married, we borrowed $12,000 from a credit union (May '99). His mother put up a CD to insure the debt. We filed for divorce and during that wait, the credit union seized $12,000 from her CD's in May '00. The court decided that her son (my ex) was to pay the debt (he has not). She is now suing me for $12K+. The petition says suit on oral debt. My question is regarding SOL - which date is the SOL date? The date I borrowed the money from the bank, or the date they took her money?

I don't think the SoL is applicable here, but it's 4 years on oral agreements. Since the suit is on oral agreement she's saying you promised to pay her the $12,000 by word-of-mouth. The clock would start from the day she says you made the promise. However, if another court has said your ex-husband is responsible for the debt, the whole suit seems frivilous.

Because the dollar amount is so high, you really should be represented by a lawyer on this. I'd have to look it up, but I'm pretty sure that Texas is a "looser pays" state for civil actions. Meaning if you prevail, his mother will have to pay your lawyer and court fees.

Not to be suspicious, but people usually don't take such a risk as suing on oral agreements unless there is some kind of evidence to back it up. You sure you didn't say something about paying her back in front of a witness? Or maybe it's an act of revenge hoping you aren't clever enough to know how to fight it.

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She is definitely trying to be a pain in the butt and cause trouble. There are several ongoing issues and she and her son love to harass me. The understanding was that we (her son and I) would pay the bank back, so there would be no need to her CD's to be seized by the bank. We never promised to pay her anything - cause we never thought it would be an issue. The divorce Judge said that he was to pay it. The problem is that our decree says nothing about it at all. I remember it clearly - he was to pay it, but I would have to get the transcripts which will cost over $1000. She has money and I am sure they already know this.

Also, I read that just because the Judge declares it in a decree who owes what - you can still be sued for the debt - she is suing me, so maybe this is true.

I am guessing that since she has the note from the bank where I signed for the loans and the papers from bank where they took out $12K+ to cover them, she figures this is enough to win. Is it?

Also - why do you not think that this is covered by SOL?

Thank you so much for your time. I know this is long. I am getting desperate.

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She is definitely trying to be a pain in the butt and cause trouble. There are several ongoing issues and she and her son love to harass me. The understanding was that we (her son and I) would pay the bank back, so there would be no need to her CD's to be seized by the bank. We never promised to pay her anything - cause we never thought it would be an issue. The divorce Judge said that he was to pay it. The problem is that our decree says nothing about it at all. I remember it clearly - he was to pay it, but I would have to get the transcripts which will cost over $1000. She has money and I am sure they already know this.

Also, I read that just because the Judge declares it in a decree who owes what - you can still be sued for the debt - she is suing me, so maybe this is true.

I am guessing that since she has the note from the bank where I signed for the loans and the papers from bank where they took out $12K+ to cover them, she figures this is enough to win. Is it?

Also - why do you not think that this is covered by SOL?

Thank you so much for your time. I know this is long. I am getting desperate.

I'd find myself an attorney who will take it on contingency. Check with your local Bar Assn. for a referral. The attorney will get the court records for you and if there is a declaration in the transcript that he was to pay it, the entire suit falls apart at the seams. your attorney will likely advise you to counter-sue on basis of financial harm and harassment.

Even if you do have to pay $1,000 to get the records, that is certainly better than a $12,000 judgement. Not to mention you get your money back if you win.

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