Legal Question in Family Law in Kentucky
I borrowed 10,000 dollars off my sister to get a car without a written agreement. I have paid on it for 2 years now with a fixed interest rate at 7% she got upset with me and she said she is taking me to small claims court for 12,000 dollars when i only owe 6,000 dollars what should i do?
2 Answers from Attorneys
First, she cannot use small claims court because this is not a small claim. She will have to file in circuit court and once she realizes that, she may re-think her stance. If she does file a lawsuit, you should look for an attorney for a consultation.
Call her bluff; the jurisdictional limits of small claims court is $1500.
Also, hopefully you have records of your payments, in the form of cancelled checks, and haven't just been giving her cash. Or at the very least, if you have been giving her cash, can show you withdrew the money in roughly the amount you paid her, roughly the same date each month. That way if she smarts up and realizes she would have to file in Circuit Court, and does so, you can quickly put the matter to rest.
Remember folks, even if it's family, or your best friend, if there is money involved, keep records! It will prevent this sort of conversation from ever coming up!