He is now refusing to pay anything. He is saying that it was a gift but yet he signed the promissory note to pay it back to us. I have called the bank and they have no record of anything regarding a monetary gift. Can I file a small claims and get him to return the monies that we took from our retirement to help him with the mortgage??
Criminal Defense Attorney
No, you will not be able to file in small claims unless you want to limit your recovery to $7,500.00. You will have to file in Court of Common Pleas to attempt to recover the full $10,000.00. Good luck.
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No. Small claims courts/magistrates courts can only handle claims for $7,500 or less. If you want to waive your claims for repayment of the full amount, you could sue in Magistrate's Court, otherwise you will need to bring the claim in Circuit Court. You should consult with an attorney to help you, particularly if the note signed by your former son in-law provides for attorney fees in the event of default.
This response does not create an attorney client relationship, and is for general information purposes only. You should promptly contact an attorney in your area to ascertain your legal rights.