Legal Question in Credit and Debt Law in California
My brother -in-law borrowed 20,000 dollars from my parents. We have a signed agreement, but it is not notarized. We also have a copy of the cashier's check made out to him. He has paid back 9 thousand but is refusing to pay the rest. Do we have good enough paperwork to take him to court. What kind of lawyer do we get?
2 Answers from Attorneys
Most loan agreements aren't notarized. You can sue... Small claims available if you stay at 10,000 it is small claims you don't do attorneys.
Remember you risk some serious family problems suing relatives for past due money...
Hopefully it has not been more than four years since his last payment. Your paperwork may be fine, but if you have blown the statute of limitations you are out of luck. As for what kind of lawyer, the previous answer's advice is exactly right. Unless the signed agreement provides for your brother-in-law to pay attorneys fees if your parents have to sue AND he has the money to satisfy the debt plus fees,write off $1,000 of the debt and file in Small Claims Court. No attorney could possibly handle the case without billing as much or more in fees as you would collect unless there is an attorneys fees clause and the debtor has money to pay the debt plus fees.
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