Legal Question in Civil Litigation in Indiana
My mother-in-law loaned my sister-in-law and her now ex-husband $12,000. She did stipulate to them that it was not a gift, but a loan. They had fallen on hard times, so Mom paid $6,000 worth of bills for my sister-in-law and $6000 worth of bills for the ex-husband (they each had separte credit cards so Mom paid off the bills that were in each of their names, they had no joint credit cards). My sister-in-law has been paying her $6000 back to her Mom but the ex-husband has not paid anything. Can my mother-in-law take him to small claims court or put a garnishment against him? She needs the money. The other part we are not sure about is that Mom lives in Indiana but my sister-in-law and her ex-husband lived in Illinois at the time and the ex-husband still lives in Illinois. Numerous attempts have been made to get him to pay the debt but he ignores calls, letters and e-mails.
2 Answers from Attorneys
Yes, she can sue him. Might be better to send the debt to a collection agency or attorney in the state where he lives, however, due to jurisdictional problems which may affect collection.
Yes, she can sue him. However, she cannot garnish until she has a judgment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
