A client loaned their sister $50,000 to help her get out of financial trouble.The sister claims the money was not a Loan but a gift. What recourse does the client have? If he can get a judgement in small claims court, could he garnish the sisters wages?Could he put a lien on her house?What would you suggest? And the least amount of cost.What would an attorney charge to get this $50,000 back?Thank You, Fred
Country relating to Question: United States
State (if USA): California
First of all, they cannot sue in CA Small Claims court because the cap amount is $7500
Therefore, they have to sue in Superior Court to get the entire amount, plus any attorney fees. A CA local attorney could charge a percentage of the claim or do it for a flat fee. That can be discussed with them. If the claim is won, then yes the judgment is able to get a lien on her home and/or wages attached, as well as any IRS returns.I suggest the first thing is to write a Demand Letter. This is to be mailed certified with a return reciept. Make the demand and give a timeframe to have it paid in full or make payment arrangements. This is needed to show the court they were advised the money was to be paid back and the demand was made.
If there is no satisfaction the consult with a local attorney to file in Superior CourtPlease note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups. If you do not see where you are to Rate me, please let me know so I can make that report to the administrators of this siteThank you.
20 years practicing law
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