Legal Question in Real Estate Law in California
loan to grandson
I loaned my grandson $12,000 two years ago and have the contrat in writting. He has only paid back around $3,000. Everytime i ask for a payment he tells me checks in the mail or avoids my phone calls. He owns his own business and home can I put a lien on his house or do I need to take his to samll claims court ?
3 Answers from Attorneys
Re: loan to grandson
You are owed more than the small claims court jurisdiction. If you have a "promissory note" with an attorney's fee provision, take it to an attorney and file suit in Superior Court. Your grandson is waiting for you to die so he will not have to pay the money back and with grandchildren like that, who needs enemies?
Re: loan to grandson
You need to reduce the debt to a judgment which will them create a lien on all of his assets.
Re: loan to grandson
You won't be able to simply put a lien on the house unless the note was secured with the house. Small claims court is limited to $7,500. If you want the full $9,000 he owes you, you will have to file in Superior Court. You can try to go it alone and represent yourself, but this is rarely advisable. Check to see if your contract has an attorneys fee provision. They are typically worded such that the losing party has to pay the others attorneys fees. If so, contact an attorney in your area for representation.
Best of Luck!
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