Small Claims Court or forget it?

[fletch99]

What is the name of your state? VA

A few weeks ago I came across two small loans totaling $900 to my sister. One was in 99 the other 05. I remember at the time trying to get her to repay the debt and she blew it off and I set it aside. While putting together some financial data recently I came across the documentation for these items.

I have since learned she has done this to other people over the years and gotten away with it. I also uncovered two existing judgments she has totaling a little over $15k.

Would it be a waste of time and money to file these in small claims court? I know she makes more than enough money to repay this debt but so far is just ignoring it.

[ecmst12]

Depends on how much trouble you're willing/able to go to in order to collect if you get a judgement. You'd probably have to hire a lawyer to help if you want to seize assets or garnish wages. Clearly it doesn't look like she'd pay voluntarily just because you win in court.

[Chien]

It depends on what you mean by “came across two small loans . . .” and “documentation”.

Before dealing with ecmst12’s concerns, understand that the Statute of Limitations in your state is 5 years on a contract and 6 years on a promissory note. If Sis has never made a payment, it appears that you’re out of luck on the ’99 amount. Does the ’05 balance justify it?

It’s possible that you know enough about your sister to enforce a judgment without an attorney, if you chose to go to Small Claims and could prevail. However, if you’re still inclined, why not just talk to her first and present the alternatives? Or save yourself money; forgive the balance as a Xmas present and maybe she’ll get the point. You sound more bothered to know that your sister is flakey, and that’s a concern for others. You’ve let it go long enough that you couldn’t have been losing sleep at night, and going to court with your sister won’t enhance family gatherings for the furure.
__________________________________________________________________________
I beg your pardon. Saying “forgive the balance as a Xmas present” was intended to make a point about the cost and importance of pursuing this matter. “Forgive as a goodwill gesture” would have been better. No implied assumption about religion was intended.

[fletch99]

The 5 yr time frame makes it not worth it since the $800 was 99' and the $100 was 05'.

It's more the principal rather than the amount. Two of her "friends" have informed me she's done the same to them, and that's just what I've found so far.