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  1. #1
    Join Date
    Nov 2010
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    3

    Default Can You Sue a Family Member to Collect a Loan

    My question involves personal finance in the State of: Ohio

    A family member asked me for a very large chunk of money. I don't want to be too descriptive but the money was supposed to be payed back in 4 months. They are unable to take a loan out on the house, or so they say, and they have yet to give me my money.

    Recently while asking me for more money, to sum it up they told me to screw off.

    Is there a legal route I can go to get this money back? If so, would a lawyer be willing to get paid from the winnings of the case? How do I go about doing this.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Am I Able to Sue My Family Members

    You can sue a family member yes. Some states, not sure about OH yet, do not permit a spouse to sue the other, that is all. I live in Ohio, but I am assuming it is a non spouse.

    I am also assuming the amount far exceeds Ohio small claims jurisdiction, which is 3 grand.

    Sure, an attorney "may " take it on contingency, but the problem is collecting to pay him. Sure a Judgment is good in Ohio I think for 15-20 years, but to pay him, you need to collect.

    Does the person have any assests attachable? A Bank account that can be garnished, wages that can be garnished?

    I also assume such a large amount was in Writing? Right?

  3. #3
    Join Date
    Nov 2010
    Posts
    3

    Default Re: Am I Able to Sue My Family Members

    It wasn't in writing, because it was my parents.

    But we verbally agreed (with 2 other family members as witnesses...dunno if that helps) that I would be payed back, and that it wasn't a gift.

    The money was used to buy a house. The house was bought straight cash (which is why they needed me), and they still owe nothing on the house. The agreement that we had was that I would front the money (because the condition the house was in the banks wouldn't loan on it) and after the house was fixed up, they would get a loan and I would get my money back.

    The house has been fixed up, and they tell me that they aren't able to get a loan on it, because of their credit.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,769

    Default Re: Am I Able to Sue My Family Members

    The agreement that we had was that I would front the money (because the condition the house was in the banks wouldn't loan on it) and after the house was fixed up, they would get a loan and I would get my money back.

    The house has been fixed up, and they tell me that they aren't able to get a loan on it, because of their credit.
    Is it possible they really can't get a loan?

    You have several problems. Read here:

    http://codes.ohio.gov/orc/1335

  5. #5
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Am I Able to Sue My Family Members

    Quote Quoting jk
    View Post
    Is it possible they really can't get a loan?

    You have several problems. Read here:

    http://codes.ohio.gov/orc/1335
    What section in there is applicable?

    I read them all, it was not a loan agreement per defintion and this would not apply:


    1335.05 Certain agreements to be in writing.

    No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default, or miscarriage of another person; nor to charge an executor or administrator upon a special promise to answer damages out of his own estate; nor to charge a person upon an agreement made upon consideration of marriage, or upon a contract or sale of lands, tenements, or hereditaments, or interest in or concerning them, or upon an agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized.

  6. #6
    Join Date
    Jan 2006
    Posts
    27,769

    Default Re: Am I Able to Sue My Family Members

    whoops, wrong section. I'll be back

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