Re: Personal loan
Posted by Mike on 9/28/07
On 9/26/07, Inland Empire Lawyer wrote:
> On 9/26/07, Mike wrote:
>> I made a loan to a in-law relative and he is defaulting on
>> the loan. Can I sue in small claims and place a lien on
>> his house? What is my remedy?
>
> You didn't say which state you were in, but in my state, CA,
> if you sue in small claims court, and get a judgment, you
> can place a lien on his house. I assume, without knowing,
> that most States allow a small claims judgment holder to
> garnish a debtors' wages, lien his house, and levy on his
> bank accounts if you know where they are. Putting a lien on
> real estate in CA is easy, foreclosing is harder, but if you
> can wait, the person can't sell or refinance without paying
> you off if you do the lien properly.
The loan is in Texas and we live in Texas.
Mike