QUESTION
What can be done if my brother refuses to pay his loan from my mom?
Asked on May 21st, 2013 on Personal Injury - Iowa
More details to this question:
My mom lent my brother $4,000 dollars on 09-29-2006. My mom is elderly and not in good health. She is also on SSS and welfare. What should she do? She needs this money back. My brother owns his own business and owns a lot of toys, motor cycle, motor home, etc.
9 ANSWERS
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Unless your mom got your brother to sign a note agreeing to pay the money back, she may be out of luck. If there are any witnesses to the loan, she might be able to prove it in court, IF she's willing to sue her own son and go through with it to the bitter end if necessary. She should consult an attorney and give him/her all of the facts and circumstances.
Answered on May 24th, 2013 at 1:26 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She needs to sue him in small claims court.
Answered on May 23rd, 2013 at 4:51 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Have mom file suit against him in small claims court. If your mom is not physically able to file suit, have her assign her claim to you and then you can file suit in small claims court. You don't need an attorney in small claims court, and the defendant cannot hire an attorney to represent him in the courtroom.
Answered on May 23rd, 2013 at 4:24 PM
Ronald A. Steinberg
Hire a lawyer to send a collection letter, and then if he doesn't pay, sue him.
Answered on May 23rd, 2013 at 4:24 PM
She has four years from the date of the loan or date he restated he owed the money to sue. It looks like it is too late to do anything legally.
Answered on May 23rd, 2013 at 4:21 PM
She can sue him, but in Nevada there is a six year statute of limitations starting from when the payment was due. It may be too late depending on when he was supposed to make payment. Still, a lawsuit might embarrass him into paying.
Answered on May 23rd, 2013 at 4:21 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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You could hire a lawyer to sue him in small claims court or you could sue him in small claims court.
Answered on May 23rd, 2013 at 4:21 PM
Sue him in small claims court and then after judgement execute on his "toys".
Answered on May 23rd, 2013 at 4:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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She needs to sue him. You can do it for her if you have a POA
Answered on May 23rd, 2013 at 4:20 PM