How can I go about making sure someone pays me money that they owe me?

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How can I go about making sure someone pays me money that they owe me?

I co-signed a bail for a co-worker and had a verbal agreement that she was to pay her bail. She had informed me that I would not have to worry about anything and that she would indeed pay it. Now she is avoiding me and my calls and everytime I ask for the money for it, she says she doesn’t have it. I was thinking of trying to put a lien on her car since that is the only thing she owns.

Asked on September 17, 2011 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you had with your co-worker was a contract where by you would lend her money for her bail and she would pay you back, correct?  And now she has breached the contract and is avoiding her obligation.  My concern here for you is that the contract in some way violates a law known as the Statute of Frauds, which is a law in every state that certain transactions MUST be in writing and signed by the "party to be charged" - her - in order to be valid. Contracts for real estate sales are an example but many states have provisions for contracts that involve money as it is here.  Also, you must first obtain a judgement against her before you can put a lien on anything.   would contact an attorney in your area on the matter.  Good luck.


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