Legal Question in Civil Litigation in Florida

Collection on a loan from a family memer

In April 2008 we paid $1600.00 through Western Union to the collection company to clear our daughter's car out of repossession. Upfront it was understood this was a loan and she would begin paying us $100.00 in June of 2008. We have not received any money to date. We live in North Carolina and this money we sent was from our homeowners loan that we are making payments. We tride numerous times to contact her by phone but have no reply. Do we file a lien or a judgement agaist her?


Asked on 7/19/08, 1:16 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Collection on a loan from a family memer

You cannot file either one since you don't have them. You will need to sue her and prove it was a loan. Unless you have something in writing establishing that it was a loan, as opposed to a gift -- which might be presumed because of the parent/daughter relationship -- you will not get a judgment.

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Answered on 7/20/08, 9:43 pm


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