Legal Question in Credit and Debt Law in California
Collect large debt owed by family member
Loaned my sister 48,000. and now she is refusing to repay, was done thru bank transfer...how should I proceed? The 2 year deadline is not up until June 2003
4 Answers from Attorneys
Re: Collect large debt owed by family member
The answer depends on the wording of your agreement with your sister--you can demand (and sue for) any monies currently due.
If the loan is secured, it may allow you to foreclose/repossess on the secured assets, but see an attorney to make sure you proceed correctly with this.
Re: Collect large debt owed by family member
Thanks for your inquiry. You have two basic options, which are to (1) demand payment or (2) sue for payment. Demanding payment should be in writing, so that you can use her silence or admissions against her later as admission of the balance owed or existence of the debt.
Filing suit requires that you have an attorney prepare and file a summons and complaint, and have her personally served with it. From there, she can answer, and if she doesn't, you have a default win. If you get a judgment, through default or trial, you can use that to levy on property such as wages, bank accounts, or real estate, to satisfy your judgment.
I hope this helps, but if you need more help or have other questions, please feel free to email me or call my office at 1-877-568-2977. Thanks.
Re: Collect large debt owed by family member
A lawssuit should be filed. I will provide you with free consultation. Please call my office. If I am not in, please call Mary.
Re: Collect large debt owed by family member
The only thing I can add is to act quickly.