Legal Question in Credit and Debt Law in Texas

personal loan

I live in Tx. and loaned my neice in Ca. $10,000- She has until Nov. 1st,2009 to pay in full. I have a feeling she will not pay me. She is married and own a home. I.m not sure if her name is on the morgage or not. If I can not get the money, can I put a lean on the property? Any other ideas? I am 61 years old, in a wheelchair and only get $637.00 per month. Thank youfor your time.


Asked on 7/02/08, 10:20 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: personal loan

If the note states that the loan does not become due until 11-1-2009, there is little you can do between now and then. (The law does recognize an anticipatory breach -- but that is a subject too complex for this response). After that you will need to sue her and take a judgment in the Texas court (if the note was performable here). Then you will need to speak with a CA attorney about registering the foreign decree, and determining her assets available for execustion. Good luck.

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Answered on 7/02/08, 1:05 pm


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