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Collecting a Debt/Imposing a Lien

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A friend of mine has been bitten by being too generous with an old girlfriend. Several years ago he loaned her a large sum of money to help her get out of debt with the oral agreement that once able she would pay him back in full. He also purchased a home for investment purposes and allowed her to live in it as long as she paid the rent with the agreement that if they didn't get married in two years that he would sell the home. In letters she has acknowledged owing him the monetary amount but once asked to leave the house so he could sell it she said the improvements she made "unapproved by owner" to the home made up for the amount she owed. Upon leaving the house she destroyed property by removing, believe it or not, the kitchen sink as well as many appliances that had to be replaced in order to sell the home. When she moved into the home it was equipped with the appliance she removed and she did not replace these. THe question is whether it is possible to place a personal lien on her to make it impossible for her to purchase any additional property or on her husbands property as they are not divorced although not living together so that she can make no financial gains until this debt is paid? Hiring a lawyer would cost too much and make it not worthwhile and wondered if its possible to do this on his own. Anyone out ther who can help? Thanks so much



You can't just randomly place alien on a person. You have to sue her, get a judgment, & garnish her wages or community property. Sue on the loan & the tenant damages separtely. The writen acknowledgment of the laon is probably sufficient to get around the statute of frauds. Sue her for theft of the appliances & damage to the home. File criminal charges for theft of the appliances also.

He can bring all actions separately. This may let him sue in small claims court. He may have to sue in district court for the loan if the amount is over the jurisdictional limit of small claims. He can handle this himself or find a lawyer who can take the case on a contingency fee. There are books at the library on how to sue in small claims court & win. He might consider consulting with a lawyer for help putting the case together, then acting on his own behalf in court.

This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

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