i lend 12 thousand dlls. to a couple six months ago with the purpose of catching up on their mortgage payments,i made them sign a notarized letter of repayment and havent seen one cent yet,can i take them(husband and wife) to court and garnish their wages since they're both working and looks like thats the only way to get them to pay me anything or did i just lost 12 thousand dollars? than you for your help!
2007-08-06 06:08:24 · 6 answers · asked by uscero 2 in Business & Finance ➔ Credit
Yes you can, but it won't be easy.
First, you have to sue them. Since this is $12k, you probably don't want to use small claims court. If your state allows small claims for $12k, that's your best bet, but they probably don't.
So, you have to go to 'real' court. You may want to consider getting a lawyer to represent you. It may seem that you have an open-and-shut case, but if they get a lawyer, it's surprising how much crap they can pull.
Once you go to court and win, you get a judgement. Then, you have to enforce the judgement. The other party may try to declare bankruptcy, in which case you are screwed. If they don't, you can bring them back to court to garnish their wagers or force them to sell assets.
-->Adam
2007-08-06 06:24:12 · answer #1 · answered by great_and_mighty_adam_levine 4 · 1⤊ 0⤋
Assuming that your notarized documentation will hold up in a court of law, you can sue them for repayment. The amount owed is too large to take to small claims court on your own, so you will have to engage the services of an attorney to file a conventional lawsuit on your behalf.
Be aware that such suits usually get put 'on the back burner' in favor of more pressing cases, such as those involved with violations of criminal law. It could easily take several years for you just to get a court date.
2007-08-06 11:16:48 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
We googled this using our minds and the results are summarized as follows: 1. Suing farmers is extremely difficult due to grandfathered-in state and county laws. 2. If successful, it is very-highly unlikely that said farmer would lose wages as a farmer does generally not "earn" wages. 3. Garnish is popular at 3,4, and 5 star restaurants as opposed to 1 and 2 star establishments.
2016-05-19 22:16:52 · answer #3 · answered by ? 3 · 0⤊ 0⤋
since you have an agreement in writing this will hold up in court. this will be your best way to get your money back unless if you can first try to find out why they are not paying you.
even if they were to get a lawyer, you have your agreement in writing that was notarized and that is all you need. sounds like you should not waste another day and seek out a lawyer to get your money back.
2007-08-06 06:31:46 · answer #4 · answered by HappyCreditCat 1 · 0⤊ 0⤋
take them to small claims court and be sure to have proof that they owe what you say they owe
2007-08-06 06:26:26 · answer #5 · answered by newtobigd78 4 · 0⤊ 0⤋
some states let you attach a lien to their property..your best bet may be small claims court..
2007-08-06 06:15:54 · answer #6 · answered by becca9892003 6 · 1⤊ 0⤋