In December of 2010 we loaned $1500 to my mom and stepdad and were told they would start paying it back in February of 2011. They now have just gotten divorced, my mom has paid back her half, and in the divorce agreement he signed to pay back the other half. How do I go about obtaining this money from him? He also owes several other family members that loaned them money as well so can we all file together or does it have to be separate?
Loan to mom and stepdad, now ex husband
- Thread Starter chima10
- Start date
- Status
Proserpina
Moderator
Each case would be different.
You may find that you need to sue Mom, and have her sue your stepfather afterwards for reimbursement.
You may find that you need to sue Mom, and have her sue your stepfather afterwards for reimbursement.
army judge
Super Moderator
I'll only discuss your debt.
You'll need to sue him in small claims, but that's only about 20% of your work.
You'll likely prevail in a small claims suit against him, based on their divorce decree and your other documentation.
But, you'll only walk out with a judgment.
You'll then need to file the judgment with the clerk. That's another 10%.
Then you'll have to try and enforce it.
That's The remaining 70%, and the hardest part.
The others will be required to bring their own cases in the same manner, small claims.
Do you see the picture?
Mom, no doubt, divorced this creature for many reasons. One occurs to me, deadbeat.
Do you really think you'll ever see a dollar of the $750?
Be forewarned, filing a small claims case costs money, paid up front (filing fees, service fees, court costs).
Sure, you prevail, the other guy must pay you back, but you've spent more money.
So, if it costs $100, $200 to bring the lawsuit, add that to the $750, and he owes you $1,000 now.
But, you don't get cash, just a "he owes you"!
Good luck, I'd cut my losses.
You make your choice.
Now, you could sue mother.
But, who sues their mother?
I'd never do that, and I'm a cutthroat lawyer. Lawyers do have limits, incidentally. :yes:
Besides, mom made good her portion.
Yeah, you could argue she's responsible for suing him, and go after her.
But, what kind of creature sues their mom?
My advice, forget it, and move on.
Or, go to small claims, and really end up frustrated and losing more money.
You'll need to sue him in small claims, but that's only about 20% of your work.
You'll likely prevail in a small claims suit against him, based on their divorce decree and your other documentation.
But, you'll only walk out with a judgment.
You'll then need to file the judgment with the clerk. That's another 10%.
Then you'll have to try and enforce it.
That's The remaining 70%, and the hardest part.
The others will be required to bring their own cases in the same manner, small claims.
Do you see the picture?
Mom, no doubt, divorced this creature for many reasons. One occurs to me, deadbeat.
Do you really think you'll ever see a dollar of the $750?
Be forewarned, filing a small claims case costs money, paid up front (filing fees, service fees, court costs).
Sure, you prevail, the other guy must pay you back, but you've spent more money.
So, if it costs $100, $200 to bring the lawsuit, add that to the $750, and he owes you $1,000 now.
But, you don't get cash, just a "he owes you"!
Good luck, I'd cut my losses.
You make your choice.
Now, you could sue mother.
But, who sues their mother?
I'd never do that, and I'm a cutthroat lawyer. Lawyers do have limits, incidentally. :yes:
Besides, mom made good her portion.
Yeah, you could argue she's responsible for suing him, and go after her.
But, what kind of creature sues their mom?
My advice, forget it, and move on.
Or, go to small claims, and really end up frustrated and losing more money.
Last edited:
- Status
