Legal Question in Credit and Debt Law in New York

Re: Person refuses to pay back loan

He who trades his horse for a promise deserves to walk.

In any event, sue them in small claims court (In City Court if you they in the City of Schnecteday--it is where they live thatis controlling, not where you live). Both of them if she was over 18 at the time. Your suit falls into the jurisdiction because it is 5000.00 or less.

You cannot garnishee without a judgment, you cannot get a judgment without a suit.

Good Luck

RRG

Re: Person refuses to pay back loan

If you loaned the $$ to the daughter you may not have a claim against the father as a promise to pay another's debt must be in writing. It is called the "statute of frauds."

Re: Person refuses to pay back loan

Debra is correct. Under the law, you cannot sue someone (the father) who promises to pay the legal obligations of another (the student) unless that promise is in writing. Even if a partial payment has been made, you cannot sue the father for the balance. You can sue the person who received the funds IF YOU CAN PROVE THE FUNDS WERE LOANED AND NOT GIVEN AS A GIFT. you have the burden of proof...you must convince the judge that the funds were loaned...then you have to show what the terms of the loan were...when the funds had to be repaid...whether there was any interest on the funds...etc. If you can get the father to admit in writing he "guaranteed" the repayment, then you can sue him...all you can get is a judgment which is not money...just a document that says you are entitled to money...with a jugdment you still have to find and seize money...not an easy task...good luck.

you did a nice thing and got burned.