Legal Question in Civil Litigation in New York

Loan

I loaned a friend $17,000 for her daughters wedding and thus far I have only gotten one payment from the agreed upon payment schedule. I have been told that payment will be forth coming, but to date I have not received anything. Not even a phone call to let me know that dhe does not have the money. i would like to know if there is any other way to recoup my money other than filing a suit, which would be pointless,, since there is a very good chance that she doesn't have the money. Can I put a lien on her house? What are my options?


Asked on 3/10/04, 4:02 pm

1 Answer from Attorneys
Douglas MacLean Douglas MacLean

Re: Loan

You certainly have a claim for a breach of contract, based on the facts in your email. If the other party is not satisfying the terms of the agreement that you entered into, you could file suit for breach. If you were successful with your breach of contract claim, you would have a judgment against him for the money that he owes you. If he did not pay that judgement, then at that point you could file an attachment on his house (a lien), which would not give you a liquid asset but a right to receive money if the property were ever sold.

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Answered on 3/10/04, 4:12 pm


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