I loaned $5500 to my son's widow as she needed to pay back rent space for her mobile home. We both signed a Demand Note the end of January with the promise to pay back by February 10 all in 2010. She has been stalling me with one excuse after another. What are my options? She only owns the mobile home and a SUV.... and is on SSI....please help me as my husband is disabled and we are both senior citizens and need our money back. Thanks.
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Consumer Law, Warranties Help needed with a Loan agreement
- Thread Starter pepsilady
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jharris352
New Member
She had $5500 of back rent on a mobile home lot? What made you think if she could not come up with the money to pay the mobile home lot rent that she would be able to pay you? I'm not trying to be discouraging but you only gave her a month? If I understand you, you loaned her money in January to pay in February? Please explain more, but I think you are really stuck unless you want to sue her and seize her SUV to sell and pay your loan. Tell me more and how far you are willing to go "with your son's widow" and I'll answer.
I loaned her the money because she told me that there was a fraud done on her bank account and the bank was supposed to fix it and get her monies back in a week. I, looking at it now, foolishly, trusted her. I have known her for over 20 years and never had any problem with her or anything she said before this matter. I finally went to the bank as I am on her account with her, and inquired about the fraud and when It was to be returned, and they told me that there had been no fraud. I asked for the last years statements. I just received them and there is no big money during that year at all. in or out of the account and no proof of fraud.
Right now I am willing to do what is necessary to get our money back, as my husband is worried sick about it and that is not good for his heart. Any help is much appreciated. Thanks.
How does one sue her and seize her vehicle? Won't the judge say I can't take it because of her health and needing to get to the doctor?
Right now I am willing to do what is necessary to get our money back, as my husband is worried sick about it and that is not good for his heart. Any help is much appreciated. Thanks.
How does one sue her and seize her vehicle? Won't the judge say I can't take it because of her health and needing to get to the doctor?
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army judge
Super Moderator
You have a bug problem.
Her SSI benefits are judgment proof.
Sure, you could sue her and might be able to seize her mobile home and suv.
But, I doubt you'd get $2,500 for both of them at auction.
This is a tough one.
Legally, you have a great case.
Morally, it's a very tough case.
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Her SSI benefits are judgment proof.
Sure, you could sue her and might be able to seize her mobile home and suv.
But, I doubt you'd get $2,500 for both of them at auction.
This is a tough one.
Legally, you have a great case.
Morally, it's a very tough case.
Sent from my iPhone using Tapatalk
jharris352
New Member
No you can seize a paid off vehicle if you have a judgment. Take her to small claims court.
She might have also committed a crime against you. If she told you that there was fraud on her account when there wasn't, in order to induce you to lend her money, that's theft by deception. I know the cops wont do anything about that, but a judge will. She didn't just take money that she didn't pay back, you can probably show that she never intended to pay it back.
You might be able to scare her into thinking she might go to jail, but if she doesn't have anything, she doesn't have anything.
She might have also committed a crime against you. If she told you that there was fraud on her account when there wasn't, in order to induce you to lend her money, that's theft by deception. I know the cops wont do anything about that, but a judge will. She didn't just take money that she didn't pay back, you can probably show that she never intended to pay it back.
You might be able to scare her into thinking she might go to jail, but if she doesn't have anything, she doesn't have anything.
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