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Getting money back...

My husband and I lent money to our aunt in an amount over $6,000. She keeps stringing us along about us getting paid back saying it will be in our account that day or the next day and it is not. This has been going on for months now and we NEED our money. Is there any legal action we can take agianst her to get back our money?

 
rhanford

Asked by rhanford at 6:23 PM on Nov. 26, 2008 in Money & Work

Level 16 (2,581 Credits)
This question is closed.
Answers (9)
  • The only way your going to get your money back is by suing her.
    sammiesmom2000

    Answer by sammiesmom2000 at 2:27 PM on Nov. 28, 2008

  • Try taking her to small claims court.
    Slinkee

    Answer by Slinkee at 6:25 PM on Nov. 26, 2008

  • Sounds like she borrowed from you without means to pay you back. You can take her to court, but she may still not pay you, and then you will have spent more money on her. Cut your losses, and remember the old saying "Never loan more money than you can afford to give".
    brandyj

    Answer by brandyj at 6:29 PM on Nov. 26, 2008

  • you have to have a contract or record her saying shes going to pay you back or somehow get it in writing take her to small claims and you should be able to get your money. it will take approx. a month to get a court date after filed.
    krazyash023

    Answer by krazyash023 at 6:29 PM on Nov. 26, 2008

  • I am pretty sure you are at a loss with the money. At the time of her borrowing you should have made a contract stating how much she borrowed and that she intended to pay back with a date and signature. Even taking it to court it is a he said she said thing...and chances are taking her to court would just make her mad enough to pull something like that. Keep trying to explain to her that you let her borrow out of the goodness of your heart and you now need that money back...hopefully she'll have a heart to do whats right. It sucks but usually when someone is that far in debt...chances are they won't or can't pay you back!
    britni11

    Answer by britni11 at 6:58 PM on Nov. 26, 2008

  • Here, it only costs $20 to file in small claims court. Then the only other expense is you missing a day of work to go. It can take up to a month to get a date but it CAN be as soon as a week. It all depends on how backed up they are. You don't necessarily have to have a contract, if you gave her a check, especially if you wrote "loan" across the bottom you have proof you lent her the money. If she is your aunt and at least saying she wants to pay you back there's always the chance that she will admit she owes the money once you get to court. You never, for that amount of money I think it would be worth it to at least try. Good luck, I hope you get it back.
    Slinkee

    Answer by Slinkee at 7:02 PM on Nov. 26, 2008

  • Cut your losses and move on with the knowledge of the lesson.
    Anonymous

    Answer by Anonymous at 8:15 AM on Nov. 27, 2008

  • small claims is a good idea but look at your state guide lines - Florida only allows a max of 5000 in small claims, anything above that you have to get an attorney to represent you, which isn't a bad idea, look up an attorney that has a general practice and does free consultation.
    ketha04

    Answer by ketha04 at 8:06 PM on Nov. 27, 2008

  • why anonymous?
    rhanford

    Answer by rhanford at 5:24 AM on Dec. 12, 2008

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