credit card held hostage

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sistertwisted

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My jurisdiction is: katy, harris county, texas

hi,

i tried to help my little sister and now i'm paying for it. she was living in lake charles with my other sister who was making it difficult for her to thrive and she was having a hard time finding a job that paid what could support her and her husband.

she and her husband had lost everything (including their credit,now a 300-400) except what was left in a storeroom. we let them move in with us and we discussed what it would take to get their stuff out of storage.

they needed 5,000. to rent a truck and pay the shed and 1,800. to file a ca bk. we talked about the crdit scores and how much they meant and how high each one ours were. she said hers had been really high too until the mtg industry crashed and could take us to exactly where hers started to slip. i told her i understood but i didn't work hard to see my slip. she promised she would pay me back and i said i know you will and i trust you.

my husband and i actually prayed about it for several days. on 9/14 i wrote her one of those credit card checks for 6800.00. i told her it was a 0% til 7/09 then it would be 7.99% and she was happy that. my husband was in the process of getting his cat adjusters lic and she and her husband were very interested in the financial gain that comes with that line of work so i also let her charge the test fee of 299.00 on the same card. she is aware that the charge is at 7.99% and does not have a an intro apr but we did give her the same pmt arrangement. so her total loan comes to 7,298.00 as of 9/15/08.

i told her she didn't have to start paying it back til they were both employed and out of here in their own place. that happened on 11/1/08. on 12/08 my husband asked her to start paying the bill and at first she said ok (she was picking up a bed that was still here and the stme was not here yet) and he told her the min was 181. and due on the 18th. the next day the stmt came in and i called her and she was not happy about it. she said she could make the pmt to the chase bank at the end of her street. i gave her the last 4 digits of my card because i wanted her to make a pmt and establish that she indeed owes me the money, it's christmas and dinner is at her house and my son is home from his 3rd tour in iraq and i just didn't want to go there. but then she writes back and says i need the whole # or i can come get the stmt "i'm not paying til the 18th...wouldn't want anything to delay it".

i told her that i want her to pay me just like she ppromised. she owes me not chase. she said she knows who she owes and i may not get it the way i want it or in the controlled environment but it will be paid and that should be ok for me? well it's not her credit sucks and mine doesn't. did i screw myself?

i tried to stick to the facts...really i did
 
Here's what I understand:

You loaned your sister $6800 + $299 = $7099, which you got from Chase, on terms for repayment. She hasn't repaid.

She wants to repay by paying Chase. You object, and it's not clear to me why. Whether she pays you so you can remit to Chase, or pays Chase direct herself, either way that's where the money is going.

she said she knows who she owes

What does that mean? Tell her to pay you. She doesn't owe the credit provider. She owes you, and you owe Chase.

Apart from loaning money to someone who's known to have bad credit, it's not clear to me why you think you screwed yourself.
 
hi,

thank you for responding. there was a 199.00 trasaction fee for the convenience check so i rounded up from 7298.00.

we had been e-mailing. when she said she wanted to pay at the bank, it was at the end of her street. i wasn't thrilled about letting her do that but it sounded like she was going to the bank. i gave her the last 4 digits of my acct# then she said she was not going to pay til the 18th, i told her no (this was on the 12th). i said you owe me, the loan is between the 2 of us and i expect you to have the pmt here 5 days before it is due so i can pay on time. i don't pay my bills last min. i'll call you every mo and you can just bring your pmts to me.

that's when she laid out HER pmt plan. (the 18th @ the bank like it or not)

i just want her to keep her promise and pay ME. i'm hoping you can tell me there is a way i can get/make her to do that. my credit scores are 750 and higher and i'm proud of that. we have paid more than min pmts for this acct since we loaned her the money and will continue to add to her min.
 
Sure there's a way. This is a debt owing to you. You, not her, owe the money to Chase. It's not up to her to set out her own repayment plan different from the one you agreed on. If she doesn't repay you, sue her. But I'm not sure it's worth suing over - so long as she's paying money on time to Chase, which is where it was going to go anyways, what are you losing out on?
 
hi again,

i'm not sure you caught it earlier but she wasn't paying her own bills in california and that's why she needed my help.

now, i can just demand that our original arrangement goes back into effect with the jan pmt and my odious little sister will fall right into line? because believe me i don't want to sue her i just want to get my money back.

but i want to know on the 15th that my pmt has been made because I sent it in myself.

thanx again for your response
 
You can demand all you like. Whether she will fall in line is up to her. You can make it clear that if she doesn't, you will sue to enforce the original payment agreement.
 
thank you for your assistance in this matter. i was hoping for something a little more concrete in the legal department. i knew you weren't all lawyers, i read the forum rules, but i thought why you asked where we reside, so you can verify the legal aspects in that jurisdiction. i thought you had access to law info. i don't know what you qualifications or interest are but clearly they were not on my issue.

this is a serious situation for me. my husband and i don't have this kind of money. l loaned it to someone i thought was in great need and trustworthy.
and now you've come along and basically said you don't understand why i don't want my peas to touch my green beans because they are all going to the same place anyway is really the advice i already gotten...from my little sister.
 
People here post with all sorts of different legal expertise. Likewise we have different interests. The fact that I responded indicates I found your problem interesting. I still do.

However: what I have said above is as as concrete legal advice as you can get at this point. Frankly, there is no legal issue here yet. You have an agreement, but she hasn't breached it yet. She's told you she plans to. Your recourse is to sue her if she does.

There is a legal doctrine called "anticipatory breach" which might apply on the facts, but it is unfortunately of no assistance to you. The remedy for anticipatory breach by one party is that the other party is excused from their obligations under the agreement. You've already performed your obligations (i.e. lent the funds).

As far as letting your peas touch your grean beans: I asked the question, you answered, I understood. I can see why you want her to pay you directly. I expect you might be able to convince a court to see things your way too. However, unless and until she doesn't pay you, there is no legal action to be taken.
 
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