Can you legally prosecute someone for an unpaid loan?
….If they never signed a contract or any kind of written agreement?
My grandfather loaned his sister’s grandson, Zach,(my second cousin) a loan of twenty thousand dollars. He claimed he was going to better his life by taking flying lessons to become a pilot. He convinced my Papaw that this was basically a "education" loan. My grandfather, being the generous and giving person he is lent him the money and set up a payment plan with Zach to get the money back over time. This was in April of 2009. My Papaw was diagnosed with cancer in June 2009 and passed away in November 2009. Zach made payments until November 2009, when my Papaw passed away.
Before my Papaw passed, he told my aunt (which is over his estate) to make sure that Zach keeps making payments. Now Zach has become extremely disrespectful to our immediate family. He doesnt make any payments, he doesnt return calls or texts and he gloats and posts pictures of a new small business he has opened on Facebook. My aunt even met with him and lowered his payment so he would be able to pay.
So what I am wanting to know is, without having any written agreement between Zach and my grandfather, can we take him to court to get the money back?
Also another detail is today we ran into him at the bank and he said "I just filed bankruptcy, my lawyer should be in contact with you"