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Suing a family member for money owed?

Kinda a long story so I apologize- My young mother-in-law moved in w/ us over a year ago after separating fr her husband (he is not my husband's biological dad). She is still under his Blue Cross medical insurance. We have been paying for her medications in which it is reimbursed by blue cross, but the refund money is sent to the primary insurer which is her husband (he lives 3 states away) Anyway, a $ 900.00 dollar check was sent to him and he was told previously that any money sent to him from blue cross was ours, and he needed to forward it to us (this was 7 months ago) he did write us a check, sent it, but it bounced. He said he inadvertantly paid too much for a bill and was taken out from his account. He then said he would make payments, well, he sent a hundered here and there, he still owes us $300 and is now avoiding our calls- we are now planning on taking this to small claims court, talking to his mom about this is useless because she still wants him to take her back- We live in Ca, he lives in Oregon. What do you all think about this??? We are so frustrated and angry and also hurt that he would do this to us... Isn't the fact that he wrote us a check and it bounced enough to prove that he owed us the money???

Public Comments

1. lesson learned...money and family never mix....move on...
2. Well, first of all, legally, the money belongs to your mom, not you. If she agrees to reimburse you for your payment for her medicine, that's her business. This is the kind of thing that can be taken care of easily in a divorce. If your Mom & Husband are going to get a divorce, the Court can order him to reimburse her pharmacy expenses. You should also call BC & explain the situation to them, and see if they have a solution. They may agree to send her the reimbursement (I doubt it--too much liability), but they may be able to deal directly with a pharmacy that you use, and have the pharmacy bill BC directly. Go ahead and go to SC Court, but I doubt if you will prevail. You have no contract or agreement from him to pay you (except maybe an oral agreement), but you have to go to Oregon, where he lives, to sue. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **