Case of brother borrowing money.

[Rparks6036]

I gave my brother $10,000 to cover lawyer fees so he could fight a child custody battle.
I had to take out two credit cards to finance the transaction.
My brother is now claiming that I gave him the money as a gift and is refusing to repay me.
Do I have a case?
Should I settle in small claims court? In Texas the limit is $10,000.
Or should I take the case to the next level and add in the interest I have been paying from the credit cards?

 

[quincy]

I gave my brother $10,000 to cover lawyer fees so he could fight a child custody battle.
I had to take out two credit cards to finance the transaction.
My brother is now claiming that I gave him the money as a gift and is refusing to repay me.
Do I have a case?
Should I settle in small claims court? In Texas the limit is $10,000.
Or should I take the case to the next level and add in the interest I have been paying from the credit cards?

Whether you sue your brother in small claims or not is a decision you will have to make. I see a couple of issues with a lawsuit, however. One is proving the $10,000 was a loan and not a gift, if you do not have anything in writing that indicates it was a loan, and two is collecting on any judgment awarded you should you win your suit against your brother. Does he have any money or any assets to attach (or do you expect that he will in the future)?

 

[Rparks6036]

Whether you sue your brother in small claims or not is a decision you will have to make. I see a couple of issues with a lawsuit, however. One is proving the $10,000 was a loan and not a gift, if you do not have anything in writing that indicates it was a loan, and two is collecting on any judgment awarded you should you win your suit against your brother. Does he have any money or any assets to attach (or do you expect that he will in the future)?

My brother owns three houses (all have mortgages). He also has a decent job.
There is no evidence either way. It basically comes down to he said/she said, so to speak.

 

[quincy]

My brother owns three houses (all have mortgages). He also has a decent job.
There is no evidence either way. It basically comes down to he said/she said, so to speak.

Okay. Well, collecting on a judgment will not be too much of a problem then. Now all you have to do is convince a court the $10,000 was a loan and not a gift. It would have been a substantial gift and, if you needed to use credit cards to supply the funds, the court could find in your favor. I hope you have an honest face.

 

[Proserpina]

Texas is very debtor friendly if you're able to prove your case and win a judgment.

https://www.texasattorneygeneral.gov/cpd/debt-collection