What to file in court about non payment of a loan for $98k? 15 Answers as of July 05, 2011

Gave a loan to my brother in law, he used the money to buy an expensive car and won't repay me. I have asked him to sell the car and he wont . How do I make him sell the car or take it and sell it myself?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can't take the car and sell it. You need to sue him in state court for the amount he owes you. When you get a judgement you can have the sheriff take the car. If he files for bankruptcy the car will be an asset in the bankruptcy case. Why in the world would you lend him 98K? If told you a lie to get the money you might sue him for fraud. That would then be a non-dischargeable debt.
Answer Applies to: California
Replied: 7/5/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
You need to file a lawsuit and get a judgment against him. Once you have the judgment you can levy on the car or other personal and real property he owns. I am happy to discuss your options. Please call to schedule a free consultation.
Answer Applies to: Georgia
Replied: 7/5/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
If you have a valid lien on the car, you can use your state law to repossess it. If you just have a promissory note, you can sue him for the money. If you have nothing to support a claim, you are out of luck.
Answer Applies to: Michigan
Replied: 7/5/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You probably need to sue him. You'll need proof of some sort of agreement, in writing.
Answer Applies to: Washington
Replied: 7/1/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
First, was there a promissory note or any loan documentation? Without documentation you will not be able to recover your money unless somehow your brother-in-law admits under oath he borrowed the money. If you have documentation you will need to file a civil suit to obtain a lien on the car or other assets. If your brother-in-law files a Bankruptcy to stop your suit, you may have the ability to object to him receiving a discharge if you can prove fraud.
Answer Applies to: New Hampshire
Replied: 7/1/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Sue for money lent. then get judgment against him and enforce it, by taking the car.
    Answer Applies to: California
    Replied: 7/1/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    The only way you can do this is if you have a secured note, filed with DMV. Otherwise, he has an unsecured debt. If you do have a writing, you could bring him to state court and get a judgment, but it would most likely just sit there accruing interest.
    Answer Applies to: Virginia
    Replied: 7/1/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Are you on the title or have some way to demonstrate that you are a secured creditor? If not and he is filing a no asset bankruptcy, you are unlikely to get paid unless you can show fraud. You should be listed as creditor and have gotten a Proof of Claim form from the court for you to file. If not, and there are assets, which normally there would be if someone has a very expensive sports car that he paid cash for, you should go to bankruptcy court and get the forms. If you are not liter at all, you should see a lawyer about objecting to your money be discharged. Time is of the essence so you will want to act quickly!
    Answer Applies to: Michigan
    Replied: 7/1/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Unless you have a lien on the car, you cannot take possession of the car, nor can you make him sell it. All you can do is sue him, provided you can prove that you lent him the money, which mean showing you gave him the money and that it was not a gift, which he may state. If you did not have him sign a note, if you are in California, you have two years to sue.
    Answer Applies to: California
    Replied: 7/1/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    If the loan was unsecured and no collateral involved, the best you can do is sue him and try to get a judgment lien or attach to other assets.
    Answer Applies to: Indiana
    Replied: 7/1/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If there is non-payment for a loan you can file a lawsuit.
    Answer Applies to: California
    Replied: 7/1/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You have to sue your brother in law and get a judgment against him and then obtain an order from the court to have the Sheriff take the car and sell it at an auction.
    Answer Applies to: California
    Replied: 7/1/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Unless you received a security interest in the car and recorded it on the title you cannot repossess the car to pay your loan. You must file suit in District Court and obtain a judgment for the money he owes. With that, you can attempt to collect through garnishing his wages, garnishing his bank account, or even having the car seized and sold.
    Answer Applies to: Colorado
    Replied: 7/1/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Unless you signed paperwork that let you repossess the car, you cannot. In fact, unless you have a proper signed promissory note you may not even be able to prove a loan. Ignoring the fact that one should NEVER loan money to anyone, if you do it, you need to at least have a lawyer draw up proper paperwork. Since your case is too large for magistrates court you will have to file a case in Superior or State Court. Expect to pay significant legal fees. But you cannot make him sell the car.
    Answer Applies to: Georgia
    Replied: 7/1/2011
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