Consumer Law, Warranties Is E-Mail notification of loan forgiveness binding

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angeleyez915

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I was given a loan from a relative in January of 1998. On January 2009 I received an e-mail from that relative stating that the loan is forgiven and no there will be no attempts to collect the remaining debt. Is that e-mail notification of the debt forgiveness legal and binding?

Thank you for any assistance and advice you can give.

Gloria
 
The general rule is that you must have given something in return for their promise to forgive your debt in order for the promise to be legally enforceable. Did you give them something in exchange or as settlement of the debt?
 
I had paid quite a bit of the debt prior to the email. Also there is nothing in the email requiring any conditions to forgive the remainder of the debt.
 
I don't like your chances then. Unless a lot of time has passed (and I'm not sure 4 months is a long time), or you've relied on their word to your detriment, they are entitled to change their mind.
 
Yes, I received notification from an attorney that they were going to sue me for the remainder of the balance. The rest of the story... the only reason they are doing this ... I had to call the police on this relative and had her charged with illegal restraint of my children and myself. I had a breakdown not long after, and through therapy found that myself and my oldest son were abused by this relative. I was instructed by the therapist and psychologist that I should not allow contact between my children and this relative. I cut off all ties and in my personal opinion I feel this is just another control tactic. My son is happier than he has ever been. He has improved so much since I cut the contact, I refuse to allow this relative to use my children and to hurt them any further.

I really appreciate all, the information you have given.

Thank you
 
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