Collection Agencies - can you sue a family member for money owed - Canada

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RE: can you sue a family member for money owed

Postby janis_fransices » Sun Aug 18, 2013 02:20:29 AM

so what just tell my brother the day my mom cant pay her bill at the 55 plus is the day she moves in with u
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RE: can you sue a family member for money owed

Postby janis_fransices » Sun Aug 18, 2013 02:20:20 AM

so what just tell my brother the day my mom cant pay her bill at the 55 plus is the day she moves in with u
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RE: can you sue a family member for money owed

Postby janis_fransices » Sat Aug 17, 2013 09:19:59 AM

also before my dada passed away he was the one who handled all financial investment matters so my mom never used to read documents like that As for suing even if the SOL was not up my mom claims she couldn't sue her son she claims he told her not to worry I am the one who is worried
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RE: can you sue a family member for money owed

Postby janis_fransices » Sat Aug 17, 2013 09:18:17 AM

My mom was under the impression that he was making monthly payments to her investment account However I asked her were you not looking at the quarterly statements that your investment banker was sending you to notice that the total amount in your account didn't add up She said no she just looked at what was being transferred into her day to day bank account Since I don't have power of attorney I had no idea this loan was not being paid back If I had I would have gotten her lawyer or someone to write a letter to my brother reminding him of this debt What make this matter really awful is it looks like this deal may border on fraud. My mom has nothing in writing about terms of the loans and any interest The paper work for all this was done by my brother lawyer in alberta and my mom has nothing to back up this loan So my brother could turn around and say it was a gift I know it wasn't and also my 2 cousins and my uncle say that no way was this real estate was a gift but at this stage we can only hope he is telling the truth about taking care of my mom when the money in her account runs out The bottom rule here is when you do business with family you need to make sure your documents are in order
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RE: can you sue a family member for money owed

Postby TJ.brooks » Sat Aug 17, 2013 06:34:28 AM

In this case when was he to repay it. 8 years ago the SOL in Alberta was 6 yrs so that has long passed. So simple answer is it is to late to sue. The terms of the repayment are important here. When did she first know he was not paying back loan?
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can you sue a family member for money owed

Postby janis_fransices » Sat Aug 17, 2013 05:43:00 AM

I found out my brother still owes my mom a big sum of money for some real estate he brought from her 8 years ago She lives in Manitoba where the property was purchased and he lives in Alberta My mom is 89 and I found out he had not paid as the money was to be invested with the rest of my moms money to allow her to live in this very nice 55 plus retirement community Her investment broker called to tell her that if my brother doesn't pay my mom will not be able to afford to stay there She only gets 1400 a month the rest of her income comes from her investments to make up the difference It is a really nice place everything included and at her age plus she has some memory issues moving her wouldn't be such a good idea and I don't think she should have to be moved I called my brother and he told me will handle it when the time comes It will be 3 years before the investment income runs dry That would take my mom to 92 if she lives that long When my dad died and the investment guy planned out my mom moving into this place Taking all the money including what my brother owed she would be okay till 97 Someone told me my mom could sue buy that she would have to travel to alberta and knowing my brother he would try and tie this all up in court Also the fact that my mom is 89 and doesn't travel well doesn't help A year ago Air Canada had to pull her off a flight due to her having a major panic attack I had to fly in and get her and to get her back on the plane and home took a lot of help and patients Air Canada by the way were wonderful about the whole thing to make matters worse my brother has the power of attorney so the question is can he get away with this not paying my mom money And do I take him at his word tough one here cause my brother has in the past screwed over other family members for money
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