QUESTION
Best way to sue a relative to collect a 16k debt and what are the statue of limitations for such a case?
Asked on Sep 12th, 2017 on Collections - Florida
More details to this question:
Brother went to jail and my wife/I maintained his car, insurance, lawyer, etc. and the end bill was about 16k. Not including any interest and such. He has never paid and has never had anything of value until recently. He has purchase a home, pickup truck, and even a boat. I know he will not voluntarily pay what is owed so I would like to put liens on his property. There was a verbal agreement that once he was out and "back on his feet" he would start to pay me back. Never happened. Have receipts and such for all payments made on his behalf. This all occurred 10 to 12 years ago. Have never tried to collect the debt until now and again only decided to collect at this time as he has property a lien can be attached to. Not sure on the statue of limitations on a county civil case and when does it start since this will be the 1st official time to collect the debt. Don't want to pay the 400.00 filing if the statue of limitations has expired and he can then sue me for court and attorney fees.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
You will need to hire a lawyer at some expense to address this if its to be addressed in a lawsuit. You can't just run around putting leins on things as an example. The SOL is likely 4 years assuming there was some provable agreement to repay the money, which in hindsight, you now see should have been made in writing or for the reasons now revelaed, not at all. Expecting criminals to be responsible and honest when you get them out is simply unrealisitc.
Answered on Sep 19th, 2017 at 9:13 AM
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.