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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33708
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My ex-boyfriend still owes me around $10,000 loan to me car.

Customer Question

my ex-boyfriend still owes me around $10,000 for a loan to me for a car. i live in Las Vegas and he lives in Utah. Can a judge tell me "as long as he's making some type of payment, i will not garnish his wages". I have a written statement saying he should have paid the entire amount back by now. Can i get the judge to force him to sell the car and pay me and have my lawyer fees paid for or will it blow up in my face even though his payments will take 10 years to pay me back at the rate he's paying me now?
JA: Thanks. Can you give me any more details about your issue?
Customer: yes, over two years ago i purchased a car for him and he we drew up a written contract that his payments would be a minimum of $500 a month for up to 18-24 month which has passed. i don't know how to proceed to where and he told me he checked with a lawyer who told him as long as he's trying to pay me back there's nothing i can do. He has never paid $500 and many times I get only $100 a month or nothing at all.
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If he has defaulted on the agreement that you made, then your recourse is to sue him in court to get a judgment against him for the full amount. A judge doesn't have the power to force a payment plan, he can only award you a judgment for the full amount outstanding on the loan. You can ask for attorney fees, but it is up to the judge as to whether to award them or not.

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As for ordering the car sold, no, the judge can only give you a judgment against him for money.

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Then it would be up to you to collect on it by doing things like seizing bank accounts and garnishing his wages up to 25% until paid..

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And he is full of it if he is telling you that an attorney told him that as long as he is "trying" that you can't do anything. That is a load of you know what..

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thanks

Barrister

Customer: replied 9 months ago.
Thank you Barrister. However, how do i sieze a bank account? (besides i don't think he has hardly any money in an account at all yet seems to spend money on himself a lot) or garnish his wages? Do I need an attorney for that? Where do i start looking for an attorney who handles this? Do you think there's a good or fair change a judge will force him to pay my attorney fees since it wouldn't be small claims court? Also, on top of the loan of $13,700 he agreed to pay $1500 interest to me which is why I loaned him the money. Will the judge make him pay that too? It's in the agreement.
Expert:  Barrister replied 9 months ago.

You are very welcome.

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You would need to first sue him and get a judgment. Then if he doesn't pay it, you can get a writ from the clerk, which is an order to the sheriff to seize and levy on any bank accounts that you can identify. The sheriff then goes to that bank and the bank turns over any money in the account to go towards the judgment. Same thing for a garnishment...the clerk gives you a garnishment order that is served on the employer and they then withhold up to 25% of his take home pay until the judgment is paid.

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The amount is over the small claims limit, so you would need an attorney to assist. You just need a local civil attorney to sue him where he lives to get a judgment.

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And yes, the judge will enforce the agreement as written, including any interest.

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Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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thanks

Barrister

Customer: replied 9 months ago.
Wow. I'm just afraid that even if i win the writ that since he's 57 and he said he's father should die by September and he's to inherit over $200,000 that he'll quit his job soon. What shall I do then?
Expert:  Barrister replied 9 months ago.

Well, then you can go after the $200K that he inherits to pay the judgment..

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thanks

Barrister

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