Legal Question in Civil Litigation in Minnesota

I have a deadbeat son-in-law, legal alien. We drew up a contract for money loaned to help him finance is legal status change. It was signed by daughter and him. (no witnesses). Payment was due 6/2008. Additionally, we received an oral promise to pay back money loaned to help with rent. Total owed = $3785. We've asked for it, sent 1 email itemized bill/request and personally handed him another copy. He has no intension of paying and says it is his wife's responsibility. (dysfunctional relationship there, which I'll spare you the details.)

Question: IF I file, does the court look at the case as money owed REGARDLESS of relationship status. Or, because it is my daughter and son-in-law, the court views it as a relative and no notarized contract... so it is 'too bad' ?

Presently we both live in the same county. He is talking about moving back to NY spring of 2010. IF he does and we win a small claims court judgment in Carver County, do we have to file again in NY? We would attempt to have his wages garnished both here and again in NY. Do courts ignore or "discount" cases involving relatives?


Asked on 9/30/09, 5:40 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

If you think he will "deafault" on a legal action: that is, ignore it, it may be better to issue a normal District Court SUmmons and Complaint. You can then garnish him (bank acct or wages) 40 days after service. ( You would be lucky to get a hearing date in Conciliation Court by then.)

There is no discount for contracts between relatives.

You may want to have an attorney send a Demand Letter first. Sometimes that gets the attention of deadbeats.

Call or email if you wish my assistance.

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Answered on 10/05/09, 7:12 am


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