Legal Question in Credit and Debt Law in California

money owd

i lend my cousin money and she won't pay me back, we do not have any record on paper. how can i force her to pay? Can i put a lien against her house?


Asked on 2/18/07, 6:41 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: money owd

File suit in small claims court and hope the judge believes you. Bring evidence of your having given your cousin the money, including a cashed check, bank statement showing withdrawal, etc. There can be no lien until you get a judgment.

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Answered on 2/18/07, 12:38 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: money owd

You cannot file a lien until you have a judgment. And, if you attempt to to file a "lis pendens" and the case is not related to the house, she can come after you for damages.

You need to file in small claims court (up to $7,500) and bring any evidence you have. Then it is up to whether the judge believes you. If you win, then you have to collect. And, then you may be able to file a lien against her house.

To obtain my new report on filing in small claims court, email me.

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Answered on 2/18/07, 9:46 pm


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