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  1. #1
    Join Date
    Feb 2012
    Posts
    3

    Default Lending Money to the Family Member Without Promissory Note or Contract

    My question involves collection proceedings in the State of: CA

    I lend the money to my brother-in-law in 2007. The amount is $23,500.00. My brother in law agreed to pay 9% interest for that money. I have been asking this money back from 8 Dec 2008. But he is completely avoiding me. He is not even ready to pick up my phone. He is earning lot of money. This money is nothing for him to return. However, He doesn’t want to give back my money for some reason. I don’t understand.

    I don’t have any document other than the bank wire transfer receipt.

    Can I take any legal action against him with only the proof of bank wire transfer receipt?

    Do I need lawyer for this? Or I can go through small claims court.

    Please advice.

    Rds,
    WL

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lending Money to the Family Member Without Promissory Note or Contract

    When was the last time you received a payment or promise to pay? If you haven't received any payment or affirmation since 2008 you are looking at a likely statute of limitations problem.

    If you sue in small claims court you will have to waive the bulk of your claim. You can sue without a lawyer in a regular trial court - but it's more complicated.

  3. #3
    Join Date
    Feb 2012
    Posts
    3

    Default Re: Lending Money to the Family Member Without Promissory Note or Contract

    Thanks for the reply.

    No, I didn't receive any payment or any promissory document or any mail from him last 5 years.

  4. #4
    Join Date
    Feb 2012
    Posts
    3

    Default Re: Lending Money to the Family Member Without Promissory Note or Contract

    Which State "Statue of limitations" applies?

    I am living in CA. But my brother-in-law is living in Illinois.

    According to California law, I can collect the debt with in 4 years. But It is 5 Years in Illinois. I wired the money on March 2007.

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