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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117408
Experience:  Attorney experienced in commercial litigation.
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I lended money to my daughter and her husband. I kept a

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I lended money to my daughter and her husband. I kept a record of every transaction and had a verbal agreement from them to pay me back $800.-/mo
JA: Have you contacted the manufacturer?
Customer: My daughter is now after 23 years divorcing her husband, who says he doesn't owe me anything. The stopped paying me the monthly agreed $800.-
JA: Anything else you want the lawyer to know before I connect you?
Customer: can I put a lien on their home? The are in a process of selling it.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your daughter and your daughter's husband both owe you the money jointly. You cannot put a lien on their home without filing suit against both of them and getting a court judgment against them. Once you file the suit against them, you can ask the court for a prejudgment lien on the house if you can show the court they are likely to take the proceeds from the sale and hide them to avoid paying you. However, you cannot just put a lien on anything without first suing and getting a court judgment.


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Customer: replied 7 months ago.
What do I need To get a court judgement against my daughter and her husband to proof they owe me the money ...

Thank you for your reply.

You need to prove the debt, through emails or witnesses. Then you need to file suit in court against both your daughter and her husband and that is done by filing what is called a "Petition" or "complaint" with the court together with the motion for pre judgment lien where you claim if the court does not attach the proceeds of the sale they will dispose of it to avoid paying your judgment.

Customer: replied 7 months ago.
My daughter and her husband lives in Los Angeles and I live in San Diego.
If I file the suit, will it be from San Diego and will they both have to travel to San Diego?

Thank you for your reply.

If they live in LA, you have to file in LA where the defendants reside under the CA rules of procedure. If that is going to be a problem for you, then you would need to hire an attorney in LA to file the suit for you and represent you.

Customer: replied 7 months ago.
Thank you

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 7 months ago.
The debt is $56700.-
If in case I get the judgement and later ck from the Escrow, will I have any problems with the ck to cash it? Will I have to pay tax on my own money?

This needs to be filed as an unlimited civil suit in Superior Court in LA and you need an attorney for a debt of that much money. You would not have an issue cashing the check and since it was money you loaned them it is not taxable

Customer: replied 7 months ago.
Why do I need a lawyer?
Customer: replied 7 months ago.
My daughter is in agreement wit it and he was also verbally in agreement

Thank you for your reply.

Because you are not filing in small claims court, you are filing in Superior Court where the rules are much stricter and because it was a verbal contract and not a written one, you will need an attorney to represent you on an unlimited civil action unless you are quite familiar with the rules of civil procedure, evidence and able to do your own case law research that will be required to complete this case through judgment. That is why you need an attorney in LA, plus to save you the trip back and forth to LA.

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