Legal Question in Credit and Debt Law in California

Money owed to me by relative

My brother owes me roughly $4500.00+%. I added him as a user on one of my credit cards and forgot about it. In 3/01 I asked him to please pay the balance or transfer it to one of his credit cards. Months passed, I was pregnant with my first child and I thought he had taken care of the balance. In late 12/01 I received a letter in the mail from one of my credit card companies informing me they were closing my account due to delinquencies on another account. I soon realized what it was about. I called the credit card company to discover my brother had never transferred the balance and in fact took out several cash advances thereby exceeding the limit and obviously delinquent on the account. I paid the account in full to protect my credit. He had lost his job and informed me that he was waiting for his disability case to be settled (as he would be receiving monies retro)to repay me. He also had stock in his company that he said he could not touch until the disability case was settled. I know it has been sometime since he received his settlement with no efforts made to repay me. He is on disability for life and besides his stocks in the company I know of no other income. Can I take him to small claims court to recover the money?


Asked on 12/08/05, 5:47 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Money owed to me by relative

You can definitely take him to court and get a judgment. Collecting might be difficult. I believe the diability income would be exempt from enforcement, but you could have the stocks sold to satisfy the debt.

Read more
Answered on 12/08/05, 5:51 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Money owed to me by relative

Unless you have a writing signed by him wherein he agrees to pay you, you probably will not win any lawsuit against him. The statute of limitations for an oral agreement is 2 years, and 4 years for a written agreement. If your oral agreement with him is older than 2 years, you will be hard pressed to convince a judge that the statute has not run.

Read more
Answered on 12/08/05, 6:29 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California