We borrowed money from a family member and have been making payments. We have ran into financial difficulties again. They have said they are going to get a lawyer. Neither one of us have documents or receipts of how much is owed or has been paid. We want to make payments again but can't right now. We have just bought a house and ran into some construction problems beyond our control. Can they take our house? What will this judgement mean?
2007-03-12 12:28:07 · 13 answers · asked by Sara B 1 in Business & Finance ➔ Personal Finance
They can get a judgment against you. As for what it will be, that depends on the judge.
2007-03-12 12:30:56 · answer #1 · answered by Speedy 6 · 1⤊ 2⤋
Oh dear. The lesson is that even when financial transactions are made between family members and it feels awfully untrusting to get it down in writing ... get it down in writing.
If neither party has records of the original agreement, nor of what has been paid, your relatives don't stand much chance of getting their money back. Try reversing roles for a minute and imagine that you'd lent money to someone without keeping any agreement of records ... you'd have a hard time proving that you had a solid case.
Absent any formal agreement at the beginning, and any records made of payments, your family member is going to have to rely on less-than-perfect evidence: that is, any other written correspondence that may have passed between you, and any witnesses who might have observed you talking about it. So they could have a hard time proving it - but they may be able to muster something of a case. If you can't come to an informal agreement - and by now you must watch your step and be careful not to admit anything in a format that they can use in court - you do need to talk to a lawyer yourselves. The one thing you can't do is bury your head in the sand and hope that this will go away ... and you may find that you have more protection than you think. So do take some proper professional advice, please ... and reconcile yourself to the fact that you're off somebody's Chtistmas card list for a while at least.
2007-03-12 19:46:47 · answer #2 · answered by mrsgavanrossem 5 · 0⤊ 1⤋
Let's get this straight: you borrowed money, of an unknown amount, and an unknown amount of money has been re-paid. There was never anything in writing. Did you pay in checks or cash? If you paid in checks, there could be a paper trail that showed how much you paid back. But if you paid in cash, there is no trail.
The judge has to have proof that a loan actually occurred. There has to be written documentation, like a loan paper or an IOU that you signed. Without that it is your word against theirs that a loan occurred.
Wthout payments or reciepts, it is also your word against theirs that you re-paid any or all of the amount. You could just as easily say, I don't know what they are talking about, I never borrowed nothing from them, that is why I have not paid it back---I never owed them anything. If there are no documents to say otherwise, who is to say that you were ever given any money.
Thats why it's important to have all loans written down, payment schedules put into writing, and reciepts given when payments are recieved... to protect the lender and the borrower.
2007-03-12 19:42:47 · answer #3 · answered by mischa 6 · 1⤊ 1⤋
First of all if there is nothing documented then there is nothing they can do. And if they take you to court, don't lie about the debt. they can then put the judgement against you.. But no one can take your home. For one thing your home is not paid for, you don't own it yet. A Judgement just sits there until you one day sell your house. If your family does this file a claim of exemption then everything is put on hold... and that will hold for so many years. I'm not sure what state you are in so not sure how many years. Find out how many years the claim of exemption is good for and then each time they try to put a judgement against you do another claim of exemption. Good Luck! I hope this helped you!
P.S. The minute you recive papers on this judgement do the claim of exemption right away!
2007-03-12 19:37:34 · answer #4 · answered by Harley Mama 2 · 1⤊ 1⤋
There are plenty of examples on TV of family members suing other family members for money. It was stupid of you both to not have some sort of contract and records of payments made and how much money is still owed. Since it is family you probably should have talked to them about your inability to pay before it came up and you should also realize that had you borrowed the money from a bank or other lender you would be getting penalized for your inability to pay and yes you could lose the house if you are not careful how you tread. (If it is a larger amount it is more likely).
2007-03-12 19:36:52 · answer #5 · answered by Sheba 2 · 0⤊ 1⤋
They will have a tough time proving anything unless there is a written agreement. But if there is and you have no receipts of how much you have paid then you are going to get the screws put to you. They usually don't take people's houses away, though. Sounds like you need a GOOD lawyer.
2007-03-12 19:31:26 · answer #6 · answered by Elizabeth L 5 · 0⤊ 1⤋
I don't think it can go very far without documentation. It's your word against theirs. Having said that, I would sit down and discuss the situation with them in detail, and give them a repayment plan, then stick to it. It's not worth ruining relationships over money. Treat them like you would any outside creditor, do not make them the last to get paid because they are family. You can imagine how they feel, and they may be in need of that money and counting on it, too.
2007-03-12 19:33:28 · answer #7 · answered by Nanneke 4 · 0⤊ 1⤋
1) They have to prove how much is owed
2) They have to prove that it was a loan
3) Have you discussed it with the family member?
Can they take your house? No. Could they sue you? Yes.
A judgement would just say that you would have to pay them, either in payments or in bulk.
2007-03-12 19:31:14 · answer #8 · answered by FaZizzle 7 · 2⤊ 1⤋
they can't take your house, but its possible that a lien will be taken against your paycheck. most likely your loan with your family members is "unsecured debt" which means they have to take you to court to get their money. if it was "secured debt" such as a mortgage or home equity loan, then they could take your house. Secured debt is federally regulated so the family members (since they're not a financial institution) can't take your house. But again, they can ask the court to put a judgement against you - meaning you may have money taken against your paycheck or even possibly a tax refund.
2007-03-12 19:33:48 · answer #9 · answered by Lovely78 3 · 0⤊ 1⤋
If they paid you with a check they might be able to prove they gave you money. If not then it will be their word against yours. However, this is family. Do your best to pay them. Let them know your situation.
2007-03-12 19:31:42 · answer #10 · answered by helplessromatic2000 5 · 0⤊ 1⤋
Yea they can sue you.If they win and you don't pay they can get an attachment of wages against you if they wanted to take it that far.
2007-03-12 19:31:58 · answer #11 · answered by Anonymous · 0⤊ 1⤋