[LennieR]

I recently loaned $12,000 to my girlfriend so she could make a down payment on a car and move to a new condo. She asked to borrow the money until she got her child support settlement and would repay me with that money. She has not yet received the settlement and we are split up. Can I do anything to make sure I receive the money from this settlement? Attach a lien to it?

[JudyKayTee]

You can't do anything until you get a money Judgment against her in Court. So - go to Small Claims Court and file against her. I don't know where you live so I don't know the maximum you can sue for.

Your proof is her signed agreement to repay the money. If you don't have a signed agreeent you have to prove there was an oral agreement.

If the agreement was she would repay the loan WHEN SHE RECEIVES HER SETTLEMENT and she has not yet received the settlement, she has not breached your agreement and the Court will not grant a Judgment against her.

I don't know what you mean about reclaiming a loan.

[LennieR]

Thank you. I live in Florida and I believe the limit for small claims is $5,000. It was an oral agreement and the money was handed to her by a family member of mine. I am concerned that when she get's the settlement she will use that money and not pay back what I loaned her. (reclaim = pay back money loaned) Can I put a judgement on her settlement to ensure it is paid from that?

[JudyKayTee]

You get a Judgment against HER in Small Claims Court. Then you enforce the Judgment by claiming assets which are hers according to Florida Law. You can't go from debt to collection/lien. You need a Judgment by a Court. The most you can file for is $5,000 - and you can only file once, so you are capped at $5,000. At this time, pending her receipt of the settlement, she is not in violation of your agreement.

You can do nothing until she gets the money, you get a Judgment, she doesn't pay, you file against her assets (bank account, car, whatever Florida allows).