Q: Leant $35,000 to a man to purchase home, he has sold it and refuses to pay me back.
My daughter's fiancé borrowed $35,000 to purchase home that we all lived in, engagement called off we moved out, he sold home and refuses to pay me back. What legal steps do I take to get my money back? Thank you. Patricia
A: If you consulted an attorney when you lent the money, the attorney could have prepared a loan agreement for him to sign, and secured it with a mortgage on the house. Use the Find a Lawyer tab to retain a local attorney to review all the facts and advise you whether you have any hope of recovering any of that money. If there was nothing in writing about it, there might be sufficient testimony or other evidence to establish that it was a loan and not a gift or rent that you paid in exchange for letting you live there. But there is no guarantee you can win in court, and even if you do, then you have to try to collect it from him. That will require more court action and could cost you quite a bit in legal fees and could take many months or even a year or more.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.