Suing for money that needs to be owed back

[Dallasfan12]

I was using winner in the derogatory sense, as in, "Boy, that jerk's a real winner - did you see what he just did?". But if you chose to interpret it as having been that he won something; well, he won a whole lot of your money that you were fool enough to give him for no reason except that "he insisted".

Oh I didn't know, but yeah I was a fool to fall into his beliefs about the situation and also when he crashed at my place for a while but he still is gonna pay us back for what he got us into and more.

 

[Dallasfan12]

First, you need an attorney. This is not a do-it-yourself project for you. The cost for the attorney comes out of your pocket, up front, and won't be recovered through the lawsuit.

Second, even if you get a judgment, how do you expect to collect?

Maybe through check from his benefits with the VA. I know he gets a lot from them to help pay these loans off. That's what we're hoping for.

 

[Zigner]

Maybe through check from his benefits with the VA. I know he gets a lot from them to help pay these loans off. That's what we're hoping for.

Why do you believe that you can lay claim to those monies...especially in Texas?

 

[adjusterjack]

Maybe through check from his benefits with the VA

His VA benefits are untouchable. By law they are exempt from attachment by creditors.

 

[Dallasfan12]

In Texas they are simply called County Courts (technically Statutory County Courts) and they handle civil cases over $10,000 and up to $200,000.

To find yours, google (your county's name)County Court.

If you are willing to sue for only $10,000 and waive the rest you can use your local justice court (small claims). It's less formal and you won't necessarily need a lawyer.

Might be wise to go that route since you are unlikely to ever see a penny from this low life even if you win the lawsuit. At least you avoid paying thousands in attorney fees that you don't get back.

Would that be $10,000 together for the both of us or separate between my sister in law and me? I feel like it should be more separate because she owes a lot too in loans and if we split it $5,000 each, it wouldn't be enough to pay everything off, just only a few things.

 

[PayrollHRGuy]

He insisted on me getting loans since he was maxed out I guess so I had to sign my name in writing to help him out by which he agreed verbally to pay my sister-in-law and me both back. He still hasn't till this day. But we have phone recordings of him saying that he'll owe us more than expected. Sorry for the confusion.

You can sue all you want. You may even win. But there is pretty much ZERO chance that you are going to ever collect a dime from this guy.

I want to feel sorry for you but I just can't. Payday loans are the bottom of the heap. Anyone that would take more loans out in their name for a person that can't get a payday loan themselves is really to far gone to help.

If he actually has a life insurance policy and you are properly named as the beneficiary his family won't have anything to say about it.

 

[Dallasfan12]

Why do you believe that you can lay claim to those monies...especially in Texas?

I don't know but I'm hoping to see if there are other matters to claim that money he has. He also has a bank account so maybe through orders of the state to go through it and claim how much needs to be taken out if we were ever to go to court and win.

 

[Dallasfan12]

His VA benefits are untouchable. By law they are exempt from attachment by creditors.

He does have a bank account though and I don't know how much money he has in there but maybe getting money through there in check form by law to send directly towards us. Hopefully it happens if we were to ever go to court.

 

[Zigner]

You NEED to research your state's laws on collecting judgments. This should be done very early in your decision-making process.

 

[Dallasfan12]

You can sue all you want. You may even win. But there is pretty much ZERO chance that you are going to ever collect a dime from this guy.

I want to feel sorry for you but I just can't. Payday loans are the bottom of the heap. Anyone that would take more loans out in their name for a person that can't get a payday loan themselves is really to far gone to help.

If he actually has a life insurance policy and you are properly named as the beneficiary his family won't have anything to say about it.

I appreciate your honesty. Yeah, I hate the fact that he showed me proof of giving random people like $25,000 or sometimes more with his name and even went to the casino a lot to gamble. It's just stressful unfortunately and I wish things were back to normal for my sister in law and me.

 

[adjusterjack]

Would that be $10,000 together for the both of us or separate between my sister in law and me?

Your sister-in-law can sue separately for loans that she personally made and you can sue separately for loans that you personally made.

He does have a bank account.

You will have to sue, get a judgment and then file for a levy of the bank account through the court. The thing with low-lifes is that they know to zero out their bank accounts as soon as they get served the summons and complaint. Then they get their checks mailed, use check cashing services, and live off the cash which you would have no way of getting to.

 

[Dallasfan12]

You NEED to research your state's laws on collecting judgments. This should be done very early in your decision-making process.

Texas depends on the county though. Some counties it can be proven while other counties are hard to have collections judgment based on the issue.

 

[Zigner]

Texas depends on the county though. Some counties it can be proven while other counties are hard to have collections judgment based on the issue.

Allowable methods of collection are controlled by state law.

 

[Dallasfan12]

Your sister-in-law can sue separately for loans that she personally made and you can sue separately for loans that you personally made.



You will have to sue, get a judgment and then file for a levy of the bank account through the court. The thing with low-lifes is that they know to zero out their bank accounts as soon as they get served the summons and complaint. Then they get their checks mailed, use check cashing services, and live off the cash which you would have no way of getting to.

I didn't know that. I can talk to her about the situation and see where we could go to pay off all these loans as much as possible.

True, he'll more than likely zero out his account but I hope there is some way to freeze his accounts without him taking the money out once he's summoned.

 

[Dallasfan12]

Allowable methods of collection are controlled by state law.

Oh ok, hopefully whatever the state issues, we can gain a good sum of what is owed to us after the hearing.