Skip to main content

If I write a letter stating I owe someone money, and they write one stating they won't bring me to court for the money...

Montauk, NY |

*** I just want to know if a letter written, signed and notarized by the lender stating that she won't sue me for the money would disable her from being able to bring me to court.

Can they bring me to court? How would a judge rule on this? My friend helped pay back taxes and stuff 4 months ago because I was really struggling. I never signed anything saying I would pay her back, although I intend to. I offered to give her a letter saying I would pay her back, but she said "no, I trust you."

I am relying on money from a reverse mortgage to pay her back. She knew that from the beginning. I just learned that I have to wait 6 months to get the reverse mortgage, but she won't accept that. I don't know if she just wants that letter for security, or if she intends to do something with it.

Attorney Answers 2

  1. It sounds like she wants proof of the debt. I don't think her letter saying she won't sue you will stand up in court because it is not a release and she is not receiving any consideration for it.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. What you need is an offer of a release of the debt for the settlement amount.