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Richard
Richard, Attorney
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Experience:  Attorney with 29 years of experience.
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Got an loan from my bank for my brother and he wont pay me

Resolved Question:

Got an loan from my bank for my brother and he wont pay me back. What can I do?
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Good evening. File a claim against him and get a judgment awarded in your favor. Then, once you get the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court and answer questions under oath about his assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the debt.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Customer: replied 4 years ago.

If he lives in Indiana do I have to file there?

 

 

Expert:  Richard replied 4 years ago.
Unfortunately, you do. I'm sorry!
Customer: replied 4 years ago.

Even though I transfered the money from my acct to his I have to go there?

Expert:  Richard replied 4 years ago.
You won't be able to serve him with the summons he is being sued. If he comes to Az. you can serve him and sue him.
Customer: replied 4 years ago.
So it's better for me to file there? and what information would I need for court?
Expert:  Richard replied 4 years ago.
Yes...you would be best to file in Indiana. You need only take a copy of the note.
Customer: replied 4 years ago.
Sorry last question, what note?
Expert:  Richard replied 4 years ago.
The note where you borrowed the money from the bank to loan to the bank; then take a copy of the check you wrote him; and any other evidence you have evidencing the fact that this was a loan.
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