How do I collect money I let my uncle borrow?
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How do I collect money I let my uncle borrow?
I let my uncle borrow $2500 that he has yet to pay back. It was understood that this money was to be payed back. There was no agreement signed. I sent the money by electronic transfer through my bank. I have tried to contact him on various occasions and have been ignored or lied to about being paid back. He now lives in the neighboring state.
Asked on October 10, 2011 under Bankruptcy Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue your uncle in Small Claims Court. A lawsuit can be filed where you, the plaintiff lives or where your uncle, the defendant lives or where the claim arose. For convenience purposes such as filing documents with the court and the court appearance, it would be advisable to file your lawsuit where you live in Florida. Your damages (the amount you are seeking to recover in your lawsuit) would be the amount of the loan plus interest plus court costs. Court costs would include the court filing fee and process server fee.
You will need to have the summons and complaint (complaint is the lawsuit attached to the summons) served on your uncle. You can have a process server in or near the city where your uncle lives serve him with the documents. You can find process servers either online or in the Yellow Pages listed under attorney services.
Although the loan was not in writing, you can use the bank records of the wire transfer as evidence of its existence in case your uncle denies there was any loan.
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