How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 29102
Experience:  30 plus years of experience.
17897874
Type Your Family Law Question Here...
Loren is online now
A new question is answered every 9 seconds

Just recently, Dec.7 2015, My girl friend and i broke up.

Customer Question

Just recently, Dec.7 2015, My girl friend and i broke up. She moved out and moved back to her home town, several counties away. I helped her finance an Lawyer with custody for her daughter. She owes me 3000.00 dollars. What advice can give me about how to go about having her repay me. She wrote a statement saying she would pay me 100.00 a month and signed it. I did not sign it. Im not willing to wait two and a half years. Also she left behind a lot of her belongings that she would like to get when she is able. Am i aloud by law to hold these belongings as collateral. Thank you. Larry
Submitted: 11 months ago.
Category: Family Law
Expert:  Loren replied 11 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 11 months ago.

Your only real option is to sue her in small claims court. Even if she did not sign anything acknowledging the loan you can still prove there was an enforceable agreement to repay your loan to her. That can be videnced by her presenting you a statement to pay $100 per month.

Expert:  Loren replied 11 months ago.

With out a written security agreement you have no legsl right to hold her possessions as collateral, but once you get a judgment you can attach those items by filing the appropriate paperwork with the court. Then the sheriff will seize them and auction them off to pay your judgment. Likewise, if that is not sufficient, you will be able to garnish her wages and bank accounts.

Expert:  Loren replied 11 months ago.

The proper venue is the small claims court in the county where she resides. Small claims court is designed to be user friendly so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. The clerk of the court ill have all the forms you need. They are fairly simple to fill out and file.

Expert:  Loren replied 11 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 11 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.