Q: What actions can I take in this situation?
In 2014, my sister obtained a loan of $200,000 from me to fund the operation of a tutoring center, which was based on a verbal agreement. However, in 2015, she utilized those funds to purchase a property with a friend instead. She subsequently sold that property in 2023. Now, she is refusing to repay the $200,000.
A: You should immediately consult with an attorney specializing in contract law or business disputes. They can advise on the best course of action. Keep in mind that the statute of limitations for breach of contract. It is important to act immediately. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A:
You might begin by gathering all relevant proof of the loan, including bank records, any written messages, and evidence of how the funds were used. Try to communicate with your sister to clarify why she used the money for the property, and remind her of her obligation to repay you. If direct negotiation fails, you could consider sending a formal demand letter, outlining the debt details and requesting repayment within a specific deadline.
You might also explore mediation to see if it resolves the dispute without going to court. Be aware that an oral agreement can still be enforceable, though you must show evidence to support your claim. Check if the statute of limitations in California has any impact on your case, as missing deadlines can affect your options. If the issue remains unresolved, you can decide whether to pursue a lawsuit in the appropriate court.
In some instances, you might file a breach of contract claim to seek repayment and possible damages. Document all interactions and any attempts to negotiate, since detailed records could support your position. Throughout the process, gather as much clear documentation as possible to strengthen your case if you need to present it in court.
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