What can I do if my daughter borrowed $500 last year but has never paid the money back?

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What can I do if my daughter borrowed $500 last year but has never paid the money back?

I recently lost my job and need this money. I was in a terrible car accident and was never visited in the hospital, etc. by her and her family. She never replies to any emails sent and ignores my requests.

Asked on June 30, 2015 under Bankruptcy Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue your daughter in Small Claims Court.  The problem however is that if the loan was not in writing, she could deny its existence and it would be your word against hers.  If there was a witness, who can testify as to the existence of the loan, that will help your case.

If you sue in Small Claims Court and get a judgment against your daughter, you can enforce the judgment with a wage garnishment.

Your damages (the amount of compensation you are seeking in your lawsuit) should include the $500 loan plus interest and court costs.  Court costs would include the court filing fee and process server fee.


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