I loaned my father-in-law a few hundred dollars, and now he refuses to pay me back. (Please don't tell me I should've known better, I knew that from the beginning but he's family and I felt obligated)
He is on welfare and disabilty, but he also gets section 8, so he has a decent income for someone in his situation. On top of that, his parents help him out.
Would I have a case if I took him to small claims court?
We live in California.
2007-06-27 09:51:27 · 14 answers · asked by Cat 4 in Politics & Government ➔ Law & Ethics
Just because he is on welfare, disability and section 8 does not mean that he isn't above the law or the obligations that came with borrowing money. Go ahead and take him to small claims court if you feel that no one else in the family can help you out with this matter. I would try to use the family first in order to see if they have any suggestions and to sound them out. See if there is some other way to deal with this matter because taking your father-in-law to court could end up being very tricky from the family standpoint. If there are no other avenues, then I would take him to court. Your father-in-law should have been decent enough to not put you in this position.
2007-06-27 10:00:09 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Even if he is on welfare and disability, I would sue. It would seem to me that if he files and gets a refund tax check, the court could turn that over to you each year until youre paid off, or go after assets. His income is probably not his only asset. Ive heard of cases where people have had to sell the 2nd car, the big screen tv, etc to pay a judgement. Income isnt the only factor.
2007-07-03 15:27:35 · answer #2 · answered by tony b 2 · 1⤊ 0⤋
You could get a judgment, assuming you could prove the facts as you report them. However, the judge can take into account whether the judge believes he can afford it. The judge can also set a payment schedule.
Your father-in-law can have a great influence on the judge, if he comes prepared with documentation that shows his living expenses and debts owed make it an unbearable burden for him to pay you back.
Collection can also be a problem. If he fails to make payments, you have to go back to the court to get him to pay.
If you don't get all the money, you can at least know that you're making him miserable. Of course, that comes at a price of your inconvenience of taking him to court at least once.
2007-07-04 11:03:57 · answer #3 · answered by jackbutler5555 5 · 0⤊ 0⤋
your stuck, i know. come out fairer..... remember this...
Acts 10:5
The angel answered, "Your prayers and gifts to the poor have come up as a memorial offering before God.
I'm assuming he dupped you. You have a longer life ahead of you, I'm pesuming... you have already won. Consider it a gift to the poor and move on. God loves a cheerful giver. I am so sorry, if he took advantage of you, it hurts. If you love your partner and their relative does something like this to you, its a terrible thing. Your a special person in the first place for trusting. Its hard to find a trusting person anymore, and God needs trusting people. Don't lose that trait... you may find God rewards you... you may get that money back and then some in some strange way... inheritance, lottery, gift... a sale in which you thought you were only going to make x dollars profit and it ends up more... thats God during those times. Take care and God Bless.
2007-06-27 10:07:37 · answer #4 · answered by Anonymous · 3⤊ 0⤋
I'm stunned that no one suggested you take the case to "Judge Judy" or one of those court shows on TV.
If they accept your case, you agree to accept the arbitration, and the judgement is paid by the producers of the show (out of a $5000 sum, usually), and you and the defendant would split the remainder.
On a side note, now you know why you should never lend money to relatives. If you do, don't ever expect to see it back. In fact, that's a good rule with lending money to anyone.
If you can't afford to not get it back, don't lend it out.
2007-07-03 10:35:30 · answer #5 · answered by Shrimp 3 · 1⤊ 0⤋
You might have a case, but you also have to factor in family relationships. He is just as much family now as he was when you loaned him the money. How does your husband feel about it? Is your mother-in-law in the picture? Siblings? There are times when we just have to write these things off as the price of a valuable lesson learned. And in court, he might get sympathy for his disability.
2007-06-27 10:10:39 · answer #6 · answered by RE 7 · 0⤊ 0⤋
You can sue them and get a judgment. You however cannot have any state support garnished.
I have gone through this with my ex. I have a $25,000 judgment against her but since she is on food stamps and other government aid, she is exempt from garnishment. This judgement is only good for 10 years then it goes away.
I will never see a dime but at least it effects her credit.
2007-07-02 01:30:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I would think you could, just because he is on welfare and disability, should not keep him from paying his depts, do you have any thing in writing? that would be a good benifit to you
2007-06-27 10:15:41 · answer #8 · answered by Terri M 1955 1 · 0⤊ 0⤋
Sure you can sue. You could even get a judgment for the amount. Then what? That's only a judgment in your favor. Enforcement is another new issue. My advice: forget about it.
2007-06-27 09:56:21 · answer #9 · answered by Anonymous · 2⤊ 0⤋
Probably nothing. You'd get the judgment which would not be enough money to enforce and their you'd be only with the additional expense of court costs.
2007-06-27 09:56:24 · answer #10 · answered by CHARITY G 7 · 2⤊ 0⤋