Legal Question in Credit and Debt Law in Washington

payment of a debt

my brother owes me money and will not pay. Is a judgement from small claims court necessary to place a lien (assuming the court rules in my favor and my brother still does not pay)? Does your service send a demand letter for a fee? What kinds of liens are there?

Thank you

Cathy


Asked on 9/14/07, 6:15 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: payment of a debt

A lien works when your brother owns real property and you have performed a service.

When you have an agreement re money, what you want is a judgment so you can execute on that judgment.

Take a look at www.avvo.com for a local attorney who does collections. The attorney's bills can be added on to the judgment you are awarded if and when the court agrees with you.

Sensible attorneys are not going to write letters for a fee. If an attorney is going to run a case, he or she is in it for the long haul. They choose how to proceed based on the facts. A letter might work, but frankly, if your brother thinks you are going to forget about this debt, you may do just as well to alert him by serving him with a summons and complaint as a letter.

If the amount is less than $4K, think about small claims.

Hope this helps. Elizabeth Powell

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Answered on 9/14/07, 10:10 pm


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