How do you file a judgement against aperson who borrowed money from you?

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How do you file a judgement against aperson who borrowed money from you?

Monies lent to family member for house repairs and personal bills? However, they are now unemployed and have health issues preventing them from rentering the work force. But they own and home and are thinking of selling it.

Asked on November 13, 2010 under Bankruptcy Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Ok, so was it an oral agreement to borrow and pay back?  You are going to have to sue them based upon their "breach" of the agreement to pay the money back.  The problem is that you are going to have t prove to the court that you lent them the money and what the "terms" of the "oral contract" were.  It is not an easy task but it can be done.  Take whatever proof you have - checks, witnesses, etc. - to the court that has the ability to hear the matter.  Check to see if you can go to small claims first.  It is cheaper for you and easier.  If you win you can enter a judgement against them and then file a line on the house. Good luck.


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