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christipb · Jan 16, 2012, 04:14 AM

I loaned over $5000.00 to my daughter, I have all the paperwork to prove everything. A promissory note was drawn up, at this time she is refusing to talk to me and hasn't not made any attempt to repay the debt. How do I go about getting a judgement with garnishment against her to make her repay this loan? I am a very low income disabled woman that only lives on under $800.00 a month. I can use any advise that you can give me. Thank you in advance.

ScottGem · Jan 16, 2012, 04:20 AM

The amount should be within the limits of small claims court for your area (ANY question on law needs to include your general locale as laws vary by area). Contact your local court about how to file in small claims. Since you have a note, should be no problem getting a judgment.

If your daughter has a job and you know where she works, then you should be able ask the court for a writ of execution to garnish her salary.

What does the note say about repayment?

christipb · Jan 16, 2012, 01:55 PM

It is a formal promissory note with dates of payments that she has made, interest charged, late fees, penalties etc. I used a form that I printed online, but I am a retired/disabled accountant and so she thinks that I will just write off the funds. When I said that I would garnish her check (after court proceedings take place) she said that she would just quit her job like she has done before. The note is very clear on the terms and I know that I shouldn't have a problem in court except for my being disabled and home-bound. My biggest problem is financially affording an attorney, should I possibly have my attorney handle this and the fees put onto her bill? And what happens if she quits her job and moves again? We aren't speaking at this time because of this situation, I really appreciate your help!

ScottGem · Jan 16, 2012, 02:16 PM

If she does quit, then you will have to find her and find her job to execute another writ. The judgment will last for a minimum of 7 years.

You can go to small claims court without an attorney, but if you have an attorney you trust, then at least ask if court and collection costs can be added to balance. It might then be better to let him handle it. Also read the note, boiler plate notes generally have a clause that allows you the holder of the note to tack on the costs of collection.

christipb · Jan 17, 2012, 11:01 AM

Thank you! I appreciate your answering my question. I will talk to my attorney today and see if he can do something to help. Thanks again!