Legal Question in Civil Litigation in Pennsylvania
Bad faith among siblings
Older sister went through a very
nasty divorce with two teenage
daughters. I offered to help her
financially until she could get
divorced, see her kids thru high
school, and then get a good job.
After those things she was to sell her
house and repay me what I loaned
her ~ ($21,000). This was approx.
10 years ago. I have been asking
her to fulfill her part of this deal since
now I need the money for my own
life challenges. I live in CA. Is there
any thing that I can do to recoup my
money? What are the legal steps in
PA for breach of contract in civil cases
to recover money? Should I bee
trying to put some type of lien on her
house? Thanks!!
4 Answers from Attorneys
Re: Bad faith among siblings
Where was the contract formed? California or Pennsylvania?
California's statute of limitations ("sol") is four years on a written contract, two years on an oral contract.
Pennsylvania's sol is four years on either.
This means four years from date of breach or last payment by debtor, whichever is later. If your sister has never paid on the loan, then you are almost undoubtedly out of luck. You cannot wait forever to collect on the loan. You have to press your legal claims before the sol expires.
There's no such thing as an involuntary lien as you suggest as a way of securing repayment on a loan.
Re: Bad faith among siblings
It will be difficult, but you might be able to get past the barrier of the statute of limitations by arguing that she made repeated promises until a reent date to in fact pay the money back so teh SOL does not start until that last promise or that within the last yeras within the SOL she had not yet achieved
Re: Bad faith among siblings
Sorry for the incomplete answer. You might be able to argue that she was nto required to pay you back until she had a good, stable job and that has occurred only within the last four years. You then might be able to put a lis pendes on the house so that she can not sell it. Try to get her to agree to give you a percentage of the house worth the $21,000 plus interest; if you get a deed of trust from her, you might be able to sell it to someone who buys trust deeds but it will probably be at a 40-50% reduction of the face value. That still would be faster and likely get you more money than a suit.
Re: Bad faith among siblings
Nice try, no brass ring. Statute of Limitations for bringing suit on contracts is four years from breach. You'd better hope you can appeal to her integrity for repayment. You have NO right to file a lien, and could be sued if you try it. Consult with PA counsel if you think you are still able to timely file a suit.