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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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My sister borrowed $1300.00 last month... I took the money

Customer Question

My sister borrowed $1300.00 last month... I took the money out of my IRA which I had to take 20% out for taxes and also a $115 fee to send the money to her via money gram... to I have a case to bring her to small claims court... the total I am trying to recoup is $1675 total... she has not paid a dime back yet owns her own Cleaning business... can I put a lean against her business?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

What was the agreement as far as when the money was to be repaid?

Customer: replied 1 year ago.

She first told me she would start paying me back within the first 2 weeks of the load but then I got a text that she had a $600 utility bill and could not send me any money... I have all the text messages regarding the load... she then said she would send me what she could today... I text her and ask her if it would be a money gram or money order which I have not gotten a response too which I sent her this morning... I also left her a voice mail asking her to call me and nothing yet from her,

Expert:  Dwayne B. replied 1 year ago.
Yes, you can sue her since you had a specific agreement as to when she was going to start repaying the money and she breached that agreement.

As to putting a lien on her business you would first have to sue her and get a judgment against her and then you could apply that judgment as a lien against any property she owns, including a business. You could seize accounts receivables, bank accounts, etc.

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Customer: replied 1 year ago.

What would be the cost of filing a small claims court judgement against her and would she have to pay for that cost. I had taken out of my IRA to give her the loan and in the text I told her she would be liable to pay the 20% tax that I had to pay along with the $115 fee that I had to pay for sending the money gram... is that going to be a problem getting back?

Expert:  Dwayne B. replied 1 year ago.
The cost ranges depending on the specific court but usually it is less than $200 including serving the petition on the other side. You would have to pay it up front but when you win the judge will include that in the judgment. I don't see an issue with the judge ordering her to pay you the 20% and the MoneyGram fee as well.
Customer: replied 1 year ago.

She lives in Canton, Il and I live in Racine, WI... where to I have to file the judgement?

Expert:  Dwayne B. replied 1 year ago.
You could try filing the lawsuit there locally since you were there when the phone call was made to get you to loan her the money, the money was supposed to be paid to you there, etc.

However, if she objects then you have to fight about it and that could delay things. You can always sue someone where they live so if it isn't a huge burden to sue her where she lives then that would be the place to do it.
Customer: replied 1 year ago.

My husband is in bad health and would rather not have him travel if possible but I will do what needs to be done... thank you for all your help... I guess I'll have to do what I have to do... is a month long enough to wait to proceed with this law suit... my sister is 16 years younger then me and I am on a fixed income.

Expert:  Dwayne B. replied 1 year ago.
Yes, a month is plenty of time to wait before you sue.

If you decide to sue in Illinois there is a website with info on how to sue at http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=5573

and at

http://www.law-arts.org/pdf/Navigating_Small_Claims_Court.pdf

In Wisconsin the same type of info can be found at http://www.wicourts.gov/publications/guides/smallclaimsguide.htm


Customer: replied 1 year ago.

Thanks for all the information... I really appreciate it... have a good week-end.


 

Expert:  Dwayne B. replied 1 year ago.
To you as well, and best wishes on this.

Please don't forget to leave a Positive Rating so I get credit for my work.

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Dwayne B.
Dwayne B.
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Began practicing law in 1992