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


Asked on 11/06/02, 10:37 am

4 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

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.

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Answered on 11/06/02, 12:59 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

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.

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Answered on 11/06/02, 4:05 pm
Larry Rothman Larry Rothman & Associates

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.

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Answered on 11/06/02, 10:10 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Collect large debt owed by family member

The only thing I can add is to act quickly.

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Answered on 11/06/02, 10:55 pm


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