First, a limerick:There once was a couple who owed rent.
They were so much in debt they were bent;
Their folks they did get,
To lend every cent,
And now they all live in a tent.
The other day, I was visited by a older couple. Seems couple's son and daughter-in-law had a habit of borrowing money every time they were in a bind. This caused no small degree of consternation because couple was elderly, he was retired, and they were living on a fixed income.
About a year ago, son went to dad and sought a "loan" of several thousand dollars to pay rent and other sundries. Dad could not say NO and handed over the cash "loan" with terms of re-payment. Son and daughter-in-law took the money and went on a spending spree and never paid the rent. Subsequently, son and daughter-in-law were evicted.
Fast forward six months and son and daughter-in-law have not paid dime one on the original loan. Dad and mom are living in a motel having lost their house because couldn't pay the mortgage (what with the loan of several thousand dollars) and couple is in front of me asking what they can do to get their money back.
So, to recap: son spent every dime in riotous living, was evicted, has no money or assets to speak of and older couple wants to sue son for the amount of the "loan." I'm thinking even if couple succeeds in suing son, what is there to collect?!? Instead of piling on grief, I suggest couple take a look at:
- California Forms of Pleading and Practice; v. 13, chp. 140, contracts - specifically breach of a written contract (Lexis)
- California Law of Contracts (CEB)
- Working with Contracts (PLI)
- AmJur Pleading and Practice Forms (TR)
Sad that Dad and Mom were in such a state of affairs. Sadder still that they're having to realize their son took them to the cleaners and that there are no funds to recoup. Well, at least they have a county law library that can help get them when they're down. Yeah, at least they have that.
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