What can you do when a son borrows money from his family and refuses to pay it back saying it was a gift?

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No loan paper signed.

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Any one who has kids can relate to this, but unforuntanely for parents who love their children is also a growing experince for us...we learn from our bad decisions. We just allow ourselves to continue to show them love, but through obedience we also show them we wont allow it to happen again.
This was a "sweet" answer....but we are talking about taking advantage of someone who is disabled and " loaned" the son lots of money with the promise of repayment. ? Police ? Private attorney is $$$$
What is your role in the elders estate? If you are also in line to inherit from the parent, then document the debt and when it comes time to split what's left take all debt off the split this sibling would have received..
If you are not a participant in the economic goals of this family, you can be fascinated, but perhaps it is not your business. Demented people tell very interesting stories, some true, some a few degrees off from the truth. My dad believed his board and care home was a fine hotel and always asked if I had paid the bill and tipped the maid.
If you are involved in the economy of this family and the money won't last and there is not enough for the elders current care, then you have a stake in this being dealt with in a professional manner. All the options that are open to anyone who has a debt that is unpaid are open to the elder including court followed by wage garnishment. Just like any other debt having the loan documented in writing is essential.
The family needs a meeting that includes documenting who has control over what money and what their obligations are. A lawyer can be important at this stage to make it stick.
don't loan him any more money :)
I am the elder. Loaned $ over two years ago to help with a remodeling job......which was keeping him too busy to be a part of the family.....my own son...haven't had a return call since last February.... You know, I would not let a stranger treat me this way....just hard to realize that you have raised a con man. Have a call in to my attorney... Thanks..GW
Your question relates to an alleged loan from the family. Apparently more than one person was involved in making the loan.. If you and the other lenders are in agreement then it is apparent that you would have the burden of proof -- that is you all should be able to persuade the court that the transaction was indeed a loan. I also presume that there is no writing to verify the terms of the loan however in cases where there is a loan proved but no terms of repayment, then the court will supply a promise to repay within a reasonable time. What is reasonable will vary from case to case. and I cannot venture to guess what the facts which are yet to be established will be determined.

The amount of the loan is going to decide whether you need a lawyer or not. Depending on your local law the loan may be tried in Small Claims Court or it may require that you use a lawyer. I suggest that you seek counsel in the form of an office visitand go from there. All is not lost but you must seek your remedy before the Statute of Limitations runs out, assuming that it has not already done so In some ares various lawyers advertise that the first visit is free. Look in the yellow pages.
This loan needs to be substantial or the costs of getting your money back could be more than would make it worthwhile. Lawyers are expensive. The sad thing here is not getting the money back but what your son has done to you. If my parent gave me money and then told me it was a loan, I would knock myself out getting it paid back. In fact my first car was paid for by a loan from my folks and I paid it back as soon as possible. How old is your son? If he is an adult, well he just may be a guy with not so great character. Just don't loan him any more money, ever. And don't feel bad about it either.
Always if you knew he would ask for a loan get a document stating amount what payments are etc.. If he did this without your knowledge and know the person is incompetent you need to get on him now before he gets in big trouble. You need to take control of her finances get poa if needed get a fiduciary .
My mother pressured and harressed me to help her and my Brother an his out when he got fired in 2010. He promised to pay me back at least part of the loan when he got his 401K. I never saw a dime! Then when they got in trouble with the law I paid their Lawyer fees, with promise they would make monthly payments. Still have not seen a dime. They owe me $80,000.00, now I'm pennie less with no job and can't pay my bills. Sad that the people you should be able to trust most in the world would take advantage of you and not care.
robbyn81, there is an old Irish saying, "no good deed goes unpunished". I think this might be a good fit for you. Sorry.

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