My sister needs to sue her ex-friend because this person borrowed money from her for various things and never paid her back.
This person is in dept (20k) and has no assets but has a job with a steady paycheck. If my sister were to win her case how exactly would that person pay her back?
My sister has lent this person money throughout the years and my sister would write down what is owed to her. She also has receipts of things that she has bought for this person. They weren't gifts though. It was a "I'll buy this for you and you pay me back" thing. Will all of this be enough proof? What else could she do to have a stronger case?
Should she get a lawyer for her small claims case?
2007-12-17 17:34:47 · 5 answers · asked by greasydame 3 in Politics & Government ➔ Law & Ethics
I forgot to mention that we live in San Jose,Ca.
2007-12-17 17:51:06 · update #1
Why bother? Well for us $5,000 is a lot. It's not a matter of my sister wanting the money back she NEEDS it back. But we really need the advice...eventhough she needs the money back would you still think it's not worth it. Is there some other legal way to get her money back?
2007-12-17 17:58:40 · update #2
Ralleia, the 20k is from other debtors.
2007-12-17 18:01:14 · update #3
I can't answer the portion about how to make a stronger case, but I can give some insight into how your sister might get paid if she wins.
Essentially, if your sister wins, the ex-friend will most likely have a judgment entered into her financial record. I'm not sure about the law in your state as to whether this could be garnished from wages or not (probably not), but in the future if the ex-friend tries to apply for credit for a big ticket item (like a home mortgage), then she will probably be denied unless she settles the judgment by paying of the debt.
It's not clear from your question if the 20k of debt is owed to your sister or to other debtors in addition, but it sounds like the ex-friend will not be very motivated to pay.
I think that your sister needs to at least talk to an attorney. Most attorneys will at least chat with you briefly over the phone or in person and give you an idea if you have a case or not before you retain them.
2007-12-17 17:52:14 · answer #1 · answered by Ralleia 3 · 0⤊ 0⤋
Yes. Because if they have a job, you can garnish their wages and if you wait too long the statute of limitations will pass and you won't be able to sue them for that debt ever. If they have a judgement against them you can still collect it if they get into some money or have a job. But it's up to you, whether you want to spend the time litigating, pay to file the court fees, etc.
2007-12-18 02:19:24 · answer #2 · answered by Eisbär 7 · 0⤊ 0⤋
Of course you can - but why would you bother?
However - she HAS assets - she has a job and a steady paycheck.
If your sister wins then - depending on her State law - she may be able to garnish her wages.
Richard
2007-12-18 01:39:39 · answer #3 · answered by rickinnocal 7 · 0⤊ 0⤋
Depends, do you really think they will show up in court? if not, then she will get whats called a default judgment. in anycase, a job is an asset..and im sure that person has a bank account which is also an asset.
2007-12-19 04:18:05 · answer #4 · answered by Greg M 3 · 0⤊ 0⤋
She can go ahead and get a small claims judgment. Then, she can hang on to the judgment and carry it out later when he does have assets.
2007-12-18 02:14:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋