Legal Question in Credit and Debt Law in Michigan
Money owed to me
Made a loan of $8500 to daughter and son-in-law in 2000 with a promissary note which was signed by both of them. No payments made. Couple have divorced. How do I go about collecting all or at least half of the debt from my ex-son-in-law?
1 Answer from Attorneys
Re: Money owed to me
You would have to file a lawsuit against one or both of them --in the district court in the city where one or both of them reside. If they didn't respond, you could get a judgment against both of them. If either or both has a job, you could garnish their wages. You could collect the entire amount against 1 of them if you chose.
Even if they did respond to the lawsuit, unless they can prove they paid you, they really don't have a legal defense to the lawsuit.
Keep in mind that if you just sued your ex son-in-law, he could add your daughter to the lawsuit since she is responsible for the note also.
If you'd like to hire a lawyer to assist with the paperwork and filing, please let me know. Thanks.