She is now covering the payments because she does not want it to effect her AA+ credit rating. How many late payments does she have to cover before she can pay it off in full and take him to small claims court for the balance? He's currently working and promises to pay, but then he doesn't show up for days and never pays. What are our viable options? She can afford to pay off the remaining balance, but wanted to give him a chance to correct his mistake. I just don't see that happening. This next payment will be the 5th she has made for him.
Real Estate Attorney
Here is what I would suggest as a possible solution.
Your mother can approach the boyfriend with a proposal to payoff the loan for him - which will help them both - if he will sign a promissory note agreeing to make payments to her with interest, and provide for attorney's fees if he is in breach. The promissory note will be very useful to her if he ever fails to pay her back.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.
She can pay it off at any time. At this point, she is being a good mother to her daughter and trying to be supportive obviously, but legally she can pay it off, demand payment from the BF and sue him if he doesn't pay.
Just remember: the fact that you have a legal right or abilty to do something is never, standing alone, a good reason to do it. Remember Solomon and the infant, and always try to work through these issues before choosing the "nuclear" option of litigation, which will likely damage her relationship with her daughter and end her relationship with her daughter's BF.
Both attorneys have given excellent responses. I like the promissory note idea because you could collect atty fees if you had to sue.
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