Q: Can I take my brother to small claims court over stolen trust?
He took almost $30,000 but I don’t want to go through all the hassle of hiding a lawyer. I hate having to sue him at all, but he refuses to pay me back let alone admit even doing it. Taking him to small claims I will at least feel like I got something back.
A:
Under California law, you cannot take your brother to small claims court for a trust-related issue if the amount exceeds the small claims court limit, which is currently $12,500. Since your claim involves almost $30,000, it would not qualify for small claims court. You would need to pursue this in a higher court, such as a superior court.
Even though you don't want to involve a lawyer, dealing with trust-related matters can be complex and may require legal expertise. You might consider seeking legal advice to understand your options and the best course of action. This doesn't mean you have to hire a lawyer for the entire process, but getting initial advice could be very helpful.
If your brother refuses to admit wrongdoing or pay back the money, documenting all the evidence and communications is crucial. This documentation will support your case if you decide to pursue it in court. You might also explore mediation as an alternative to resolve the issue without going to court.
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