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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I LEND MY COUSIN $20.000 A FEW YEARS AGO AND I HAVE A LEGAL

Customer Question

I LEND MY COUSIN $20.000 A FEW YEARS AGO AND I HAVE A LEGAL NOTARIZED NOTE OF DEBT SIGNED BY HER IN FRONT OF A NOTARY OFFICE . OFFICE STAMPED . ITS OFFICIAL . SHE BEEN PAYING ME BACK 2 MONTHS 500 A MONTH . SO I GOT 1000 BACK . AND NOW SHE STOPS . SO I NEED HELP COLLECTING THIS DEBT . BUT I DON'T LIVE IN WEST VA . THE NOTE WAS NOTARIZED IN STATE OF NEVADA . ITS LEGAL NOTARY OFFICE . MY COUSIN SIGNED AND SWEAR THAT SHE BORROW ME 20K. MY COUSIN CURRENTLY LIVE IN WEST VA. PLEASE ADVICE ME WHAT NEXT TO DO WITH YOU GUYS TO HAVE THIS LOAN PAY BACK TO ME.
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today. Just so you are aware, we are a legal question and answer website only. We cannot represent you and sue your cousin, but we can answer any questions you may have about the process and what to do to go about getting your money back.
Customer:

thank you , that should work

LADYLAWYER : At the end of our conversation, you will be asked to leave a rating for the service I provided you today. It costs you nothing further to leave a rating but that is the only way the site will pay me. Would you like to proceed?
Customer:

yes , i can rate definately

LADYLAWYER : Can you please tell me if anywhere on the Notice of Debt it says that the laws of NV will govern any disputes or something like that?
Customer:

no

Customer:

i can send you a copy of the note ??? if you like

Customer:

pic and send real quick

LADYLAWYER : darn. I was hoping your cousin had agreed to let NV control and if so, you could have sued there.
Customer:

the money was borrowed to build her mother a home in vietnam

LADYLAWYER : Yes, please attach so I can see it.
Customer:

she is a resident in west va now , but she used to live and resident in nv

Customer:

ok do it now

LADYLAWYER : Thanks. I will wait.
Customer:

hello dear

Customer:

are you there ? i sent it to you

LADYLAWYER : Thanks. Give me a moment to review.
Customer:

thank you

LADYLAWYER : Okay, so it is basically a handwritten contract. There are a lot of important terms missing, mainly, how long she has to pay you back and when she was supposed to start making payments. It is not enough that the two of you may have discussed this outside of the contract, it should have been put in there.
LADYLAWYER : Regardless, what was the agreement as far as how much she was supposed to pay and when?
Customer:

we agree verbally that she will pay me back .

LADYLAWYER : Hello?
Customer:

but she never willing to pay until i made her money make her to pay by using violent words in vietnam :( so they started to pay

Customer:

and she paid only 2 months and she stopped

LADYLAWYER : Threatening them is not legal. You cannot do that. She could have you arrested here in the US for that and it is not worth it.
LADYLAWYER : a contract needs to have specific terms in it. You should have had this drawn up by an attorney.
Customer:

:( i didn't

LADYLAWYER : But in any case, your option right now is to hire an attorney to sue her in the state of VA since that is where she currently resides.
Customer:

because i didn't know someone i helped and gave money to last ten years turn out to be this dishonest and ungrateful :(

LADYLAWYER : Even if she was still in NV, you wouldn't be able to sue her without an attorney because it is way over the small claims limit.
Customer:

she is a nail girl , so her income mostly cash . i predict her report income is about $1000 a month now . but her atual income is way higher $3000 or more

Customer:

ok

LADYLAWYER : So you will have to hire a civil lawyer to sue her in VA. If she does not pay the judgement from the court, then you will have to go back to court to get a Writ of Execution and garnish her wages.
LADYLAWYER : She will not have a choice hen.
LADYLAWYER : *then
LADYLAWYER : It is sad to hear that a relative is doing this to you. It happens way more than it should though.
Customer:

most nail girl make money with cash , they don't even pay tax , do you think i can garnish her wages ??? still

Customer:

could you please give me a link to find lawyer in west va . this is state of west virginia , not virginia

Customer:

i have to pay for my lawyer cost even i win the case , right ?

LADYLAWYER : So she does not get any sort of paycheck? She is only paid under the table?
Customer:

she got some paycheck .

LADYLAWYER : yes, you can use www.martindale.com to search for civil attorneys in West VA.
Customer:

mostly under the table .

LADYLAWYER : okay, then that paycheck can be garnished
LADYLAWYER : But also,
Customer:

in 2 of the checks that she mail me , she wrote " checks are made for mortgate payment

LADYLAWYER : if she has any bank accounts with money in it, that can be garnished too.
LADYLAWYER : Yes, you will be able to get the money back, the court will just have to do a little digging to find out what the terms were as far as repayment.
LADYLAWYER : and you can get your costs back for having to hire a lawyer too
Customer:

oh cool

LADYLAWYER : And also any costs as far as what the court charges to file the lawsuit.
LADYLAWYER : So all that will be covered.
Customer:
LADYLAWYER : If she has a bank account with the 20k in it, you may get it all back at once.
Customer:

i think she is smarter than that :(

Customer:

let hope she has a bank account with money in it .

Customer:

properly about 5k or more

LADYLAWYER : If not, and you have to garnish her wages, you will only be allowed to get up to 25% per paycheck, after taxes. So it may be like $200 if she is only showing $1000 per paycheck.
Customer:
LADYLAWYER : If that is the case, you would get the 5k from the account and then garnish her wages for the rest of it.
LADYLAWYER : No, you will not be able to make her pay you monthly like that.
LADYLAWYER : Unless she agrees to it.
Customer:

so in court , what should i say so that i can get as much money and as soon as possible ?

LADYLAWYER : Once someone gets a judgment, if the person doesn't enter into a payment agreement, then you are at the mercy of how much you can garnish from her paycheck, how much you can get from her bank accounts, or how many of her non-exempt assets you can seize and sell to pay off the debts.
Customer:

:(

LADYLAWYER : The laws are what limit how much you can get and when. So all you have to do is prove the debt is valid.
Customer:

can i make up a verbal agreement ?

LADYLAWYER : NO, please no verbal agreements. Everything needs to be in writing.
Customer:

can i ask them to sell their house in vietnam to pay me ?

LADYLAWYER : Sure, you can, but the court won't force them to sell property outside the US. So unless they do this on their own, you cannot force them.
LADYLAWYER : The US courts don't have jurisdiction on property outside of its boundaries.
Customer:

ok , thank you so much . can i still hire lawyer if i live here in cali for only 2 more weeks . and i live in vietnam after that . i am a us citizen

LADYLAWYER : Yes, that is not a problem. You may have to "appear" in court by telephone but that is done a lot lately.
Customer:

ok , perfect .

LADYLAWYER : If you have any further questions, please just leave them for me and I will answer them as soon as I am able. If not, would you kindly consider a positive service rating for me at this time? It costs you nothing further to do but it is the only way the site will pay me for my time. Thanks!
Customer:

thank you very much . certainly rate you dear :) thanks for your time and help

Customer:

by the way

LADYLAWYER : Did you have any further questions I could help you with at this time? :)
Customer:

what is the fastest and cheapest on the internet to get lawyer to write contract and agreement ?

Customer:

only this for now:P THANK YOU

Customer:

i let you go after this one

Customer:

i need some links

Customer:

helpful links if you know any ?

Customer:

do you know any good law books that i should read and easy to understand so i don't have to go thru this again in my life . sue someone at their mercy :(

LADYLAWYER : Sorry, screen was blank and I couldn't see your replies.
Customer:


what is the fastest and cheapest on the internet to get lawyer to write contract and agreement ?






2:21 PM



only this for now:P THANK YOU






2:22 PM



i let you go after this one






2:22 PM



i need some links






2:22 PM


LADYLAWYER has stepped out of this chat.




<div class="JA_chatMsgAuthor"Customersays:

2:22 PM



helpful links if you know any ?






2:22 PM



do you know any good law books that i should read and easy to understand so i don't have to go thru this again in my life . sue someone at their mercy :(



LADYLAWYER : the best thing to do is to write a boiler plate email and send it to a bunch of civil lawyers in West VA in the county where your cousin lives. Tell them that you want a new contract written p and that if she is unwilling to sign it, you are going to need to sue. Ask how much they will charge. Then pick the one you like the best.
Customer:

do you know any good law books that i should read and easy to understand

Customer:

just common law books to better my knowledge

LADYLAWYER : No, I really don't. I had to go to law school for 3 years to learn the law. But legal zoom has all sorts of contracts people can get for very cheap when they need something and you can do that online.
LADYLAWYER : Perhaps this will help: http://www.dummies.com/how-to/content/contract-law-for-dummies-cheat-sheet.html
LADYLAWYER : Not that I think you are a dummie! This is just a very popular series for laypeople here in the US. There is a "dummie" book on practically everything!
Customer:

thank you dear . i rate you now . i hope your answer is all that i need to do to get this money back .

LADYLAWYER : Thank you! I wish you the best, XXXXX XXXXX friend!
LADYLAWYER : once you leave a rating, the site will automatically save out conversation and you can come back and view it any time.
Customer:

thanks

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
LADYLAWYER and 19 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

hi, is there anyway , i can delete our chat ? thank you dear . i could not delete it in my account ?

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