Legal Question in Personal Injury in Alabama

My brother scammed me. My dad had to have surgery for prostate cancer last month. He came up with the idea to raise money to help my dad out while he is laid up for a while after surgery. The deal was to donate $2,400 from the both of us. Well I was worried at first but then I thought my dad could really use this money.

I had no idea I was about to be a victim of a scam by my own brother. It turns out the money was not used to help my ill father but was used to help my con artist brother out. Now I was tricked out of 2,400 dollars of my hard earned money and he will not pay me back. My family never had to have each other sign an agreement to pay back what the other one promised to pay because we are family and my folks does not and never ever had to do such a thing. I feel bad and hurt that my brother would do this to me and my dad. All I want is my money back so badly, but I do not know how to approcah him to make him pay me.

All he ever does is give me the run around saying he hasn't forgoten about me and that he will pay me back all my half of the money and never do. I am constantly thinking about all that hard earned money lost all because my brother had to scheme to get it. I am running out of options to get what is mine. How can I get my money back or at least convince my brother into paying me back?

I didn't present some form of paper stating what he owes me, and I wish I did. My family has never been the type to have each other sign agreements when money is to be paid back, which is why I didn't think I needed written proof of what he owes me. The only receipt I got was my bank receipt for $2,400 cash withdrawal from my savings account, which is the 2,400 I handed to my brother. Then I have both parents word that my dad only got total $400 from me and my brother. Now I am thinking what happened to the rest of the money I put in if me nor my dad used the money. I wish I had a case against my brother, but I may be out of luck.

I tried many times to call him to get this situation settled before things go too far, but he is being slick by dodging me. He is ignoring all my phone calls and he does not come around anymore either. I don't know what to do, and I really need my money back.


Asked on 11/02/09, 3:24 pm

1 Answer from Attorneys
Danny Feldman Lewis, Feldman, Lehane & McAtee L.L.C.

If your brother does not pay you, you can sue him in small claims court. The trial will be by Judge only and the Court can award up to $3,000; $10,000 in district court. The filing fee in small claims is, I think, about $100 and maybe twice that for district court. Obviously, a promissory note or something in writing would strengthen your case, but if you gave your brother $2,400 to give toyour parents and he simply took it then you do have a case that you can pursue. Another problem you have though is that given the small amount at issue, and the issue you may face in collecting the money from your brother, even with a judgment, is that most attorneys will not agree to work on a contingent fee basis, but rather will bill by the hour, and this may well be cost prohibitive to you. Good luck.

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Answered on 11/08/09, 2:10 pm


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