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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 45606
Experience:  32 years of experience practicing law and a businessman.
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I give my brother in-low 100,000 dollers, and he gave me a

Customer Question

I give my brother in-low 100,000 dollers, and he gave me a check for the same amount,but when i told him thats am going to put the check in the bank he said i do not have the money, and he asked me to wait, and i did wait alot, I did not know thats the personal check not good after six month, Now what can I do?
Submitted: 2 years ago.
Category: Business Law
Expert:  Richard replied 2 years ago.
Good evening. File a suit against your brother for the money owed. Once the suit is filed and a
judgment awarded, the lender, being you, becomes a judgment creditor and can have the
sheriff serve a summons on the losing party for a debtor examination. That
forces the losing party to meet the judgment creditor in court and answer
questions under oath about the losing party's assets. After that information is obtained, the judgment
creditor has the power to garnish wages,
attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.




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Richard, Attorney
Category: Business Law
Satisfied Customers: 45606
Experience: 32 years of experience practicing law and a businessman.
Richard and 10 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.

then, there will be a strong case

Expert:  Richard replied 2 years ago.
Very strong.... You have the check he gave you which indicates he owes you the money. That will essentially be all you need.
Customer: replied 2 years ago.

but the age of the check more than one year

Customer: replied 2 years ago.
but the age of the check is one year
Expert:  Richard replied 2 years ago.
It doesn't make any difference that the check is more than a year old; what is important is that your brother gave you the check. That indicates he owes you the money.
Richard, Attorney
Category: Business Law
Satisfied Customers: 45606
Experience: 32 years of experience practicing law and a businessman.
Richard and 10 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
Do i have to proof where i got the money?
Expert:  Richard replied 2 years ago.
You do not.....only that you advanced it to your brother and it was not paid back.
Customer: replied 2 years ago.

can you be my lawer

Expert:  Richard replied 2 years ago.

I wish, but under my terms of service with JA, I'm not allowed to do so. I'm sorry!

Customer: replied 2 years ago.

what if he does not have anny mony here but he has it out of the country?

Expert:  Richard replied 2 years ago.
That makes it difficult; I'm not an expert in international law, so you would need to engage a lawyer in the country in which you think the money is located.
Customer: replied 2 years ago.

but the check is here

Customer: replied 2 years ago.

if he dose not have the whats going to happen?

Expert:  Richard replied 2 years ago.
You can certainly sue him here. Then, once you get a judgment, you would be the prevailing party. The
prevailing party would return to court with a motion to execute judgment and at
that point would ask to examine the defendants to ascertain their employer and
the location of any property or bank accounts. Once the prevailing party obtains that information in the court, the prevailing
party would ask the court to issue an order of garnishment/seizure in order to
satisfy the judgment. The court will issue the
order and the clerk will have the forms to serve on the banks or the employer.
Customer: replied 2 years ago.

what if he is not working any more?

Expert:  Richard replied 2 years ago.
If he has no assets and has no wages, your judgment would not be collectible unfortunately.
Customer: replied 2 years ago.

then what, can they put him in jail

Expert:  Richard replied 2 years ago.

We don't put people in jail for not being able to pay debts in the U.S. What you would have to prove is fraud...which would require you to prove he never had any intention of repaying you.

Customer: replied 2 years ago.

I know he is working, but if he knows he going to pay me he will quite his work.

Expert:  Richard replied 2 years ago.

As a judgment creditor, you have the right to garnish wages, levy bank accounts, and/or attach any other assets he has. You are not limited to garnishing wages.

Customer: replied 2 years ago.

can he make off the country? while the case in prosess

Customer: replied 2 years ago.

Can he leave the country while the case in prosess?

Customer: replied 2 years ago.
in which ways can i prove he never had any intention of repaying me?.
Expert:  Richard replied 2 years ago.
That's very difficult, but one way would be by compelling him to produce his bank records to show that the funds were never in his account to cover the check he wrote to you.
Customer: replied 2 years ago.
you mean he never has this much of money in his bank acount
Expert:  Richard replied 2 years ago.
If he never had the money in his account upon which he wrote the check so that it would clear, that is a pretty decent indication he had no intention that you would be paid.

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