Ex Son-in-Law not paying debt owed

UPDATED: Oct 1, 2022

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Ex Son-in-Law not paying debt owed

Our daughter and son-in-law borrowed money about 6 years ago from us. This was supposed to be paid back within a matter of a few months once they relocated. They separated and divorced in 2017. There divorce papers state he is responsible for 1/2 this money. The amount was 25K and his portion would be 12.5K. We told him he could pay us $200 a month with the agreement that this amount would go up each year. These payments started in September 2017. In 2018 he did not send any payment in May, June or July or contact us to let us know why. In October I sent him an email saying we no longer wished to wait for 5 years to be repaid and since he was no longer our son-in-law that we would prefer if he got a loan to pay us in full and be done. He pretty much blew us off on that letter. Now we have not had any payments for December 2018, January 2019 or February 2019 and again no explanation. What are our options?

Asked on March 3, 2019 under Business Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You option is to sue him. A loan is essentially a contract: an agreement that in exchange for the loan, the money will be repaid. When someone who owes you money pursuant to a loan agreement (whether a written agreement or oral/unwritten one) misses his scheduled payment(s), you can sue him for "breach of contract" to get the money you are owed. That is the only way to get the money if he does not voluntarily honor his obligations.

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