Money is owed to me.. Can someone please help??

Question

I made a loan of 15,000 to my godmother back in 2005. To this day I am still owed 10,700. I keep getting excuses from her. I have asked many times for my money. I do have proof that I made this loan. The agreement was this: When the house they were building was refianced that I would be paid in full. Well The house was refianced in July of this year. I found out about it through the county records so I called her. Two days later I had 2000. Of course she was upset that I had found out. She then told me that she was selling her car and that she would pay me back. Well they have 2 brand new cars and I still dont have my money. I cant take her to small claims court because the amount that is owed to me exceeds the limits for my state. What can I do? I dont want to make problems for her or me.

Answer 1

It's very simple, you can place a lien on her property where she will not be able to sell it (or re-finance it) unless this obligation is paid. Having said this, I hope you have some kind of proof of the loan, and payments she made to you prior to the placement of the lien. Placing a lien will not get you your money immediately, but I would think that once they have knowledge of the lien, payments will start coming quite regularly. If that happens, do not remove the lien until you are paid in full.

I wouldn't worry about the "Family relationship" crap at this point either, they certainly didn't.

Contacting an attorney that you know might help, just make sure that they don't try to hit you for a fee.

Answer 2

File a lien against her house. Cost would be nominal, and you can include it in the amount of the lien. Go to small claims for the max (it's really designed for the "average joe") and when you get the judgment - file a copy (with her soc sec # on it) w/ the county recorder's office.....that way the next time she tries to buy or refinance anything your Judgment will appear and the creditors will not approve any loan w/ an outstanding Judgment.

Pay $200 bucks to visit w/ an atty who specializes in civil suits and liens. She's already made problems for you and her deception of refinancing w/out paying you off is a clear indication that she is hoping you will just go away. Business is business, and never ever mix money and family again!!

You have options, - just send her a formal demand letter that she has 10 business days or you will be filing a lien against her house on the 11th. That letter will start the legal clock - and you wouldn't have to pay an attorney to do that for you. Send it certified return receipt requested.

Answer 3

Sweetheart do you really expect to get all that money back .Well let me tell you the facts of life not the birds and the bees but reality .Your chances of getting money back from a relative is nearer zero than walking on mars at present .There may be some legal way in your country but you will find it probably will cost you more in the end than you get back.I have learnt the hard way like you now i would rather give small amounts away than lend money and that goes for anyone not just family .Good luck hope you do get most back but I have big doubts .

Answer 4

You have 2 choices legally. One is get a lawyer and file a suit for repayment (she'll likely settle before it goes to court) but you'll be on the hook for hourly fees to an attorney that could exceed the 5.7K difference between him/her and small claims. I assume the cap for small claims in your state is 5K here. Your other alternative is the small claims court for the max.

I'm sorry but legally those are the only 2 options I see.

What you could look into is mediation. If you contact the local mediation association and do an intake they will contact your aunt directly to set something up. This is not arbitration (which is oftentimes binding) but mediation so you may have an agreement but only your aunt's word that she'll abide by the agreed to resolution.

http://www.mediate.com/mediator/search.cfm

Answer 5

Sit down with her and have a heart to heart. Let her know you are willing to set up a monthly payment plan and make sure you keep a record of how much she pays you.
Lesson learned, never lend money to others, you're not a bank.
Believe me, I've done the same thing and am in the middle of having someone pay me back as well. I see her spending, spending and spending, but nothing is going into my pocket.

Answer 6

Never loan money without a promissary note. You won't get loaned money without signing a payment agreement, so why should it be different for you. This one has to be settled through just the two of you since there is no legal form of documents. If you had a promissary note and she defaulted on it, you have the right for legal course.

Answer 7

i could call it a lesson found out and in no way provide issues to absolutely everyone except they have money extraordinary THEN. i could only ask, or say we genuinely choose that fifty you borrowed because of the fact tax time is coming up and you decide on the money. in any different case evaluate this a stupid mistake and in no way enable it take place lower back. perchance only neglect approximately it and in the event that they provide it to you they do, if no longer your loss. That replaced right into a nasty call giving a sons chum money, or absolutely everyone from outdoors your loved ones. do only no longer do it lower back, and that i doubt she will EVER pay you for the garments, thats a GIVEN! sturdy success i do no longer understand them even though it in lots of situations finally ends up being uncomfortable. Ask for the BOW lower back! Afterall you obtain it. they'd have it lower back whilst they pay you for it, or enable it bypass and enable that could be a lesson found out.

Answer 8

You say you have proof of the loan. I hope that proof is a notarized loan contract. If it is not your chances are slim (the same thing happened to me with my brother).

Now you should contact your local District Justice and ask them what your course of action is. It is different state to state, so you need to inquire locally.

Answer 9

I hope everything was written out. You may need to consult a lawyer when you want to file suit for a large amount of money.

Answer 10

I think you need to see a lawyer and have some sort of repayment plan made up. If they can afford cars they can afford to pay their debts...don't be soft and cuddly....they are spending YOUR money, that YOU worked for.