My sister owes me $625. She owed me $825, however she solely paid me $200 by way of Money App. That was three months in the past. She hasn’t answered my texts, nor has she returned any of my calls.
I’ve proof of her telling me she would pay me my $625 after she obtained paid from traders to whom we offered our deceased mom’s property. Can I sue her?
-Nonetheless Ready
Pricey Ready,
Positive, you might sue your sister. However consider carefully about how a lot time and vitality you’re prepared to spend recouping $625.
Small claims courts make it fairly simple to sue somebody for comparatively minor quantities with out hiring an lawyer. There’s a small price, sometimes lower than $100. Limits differ by state, however they vary anyplace from $2,500 to $25,000. Many defendants don’t hassle exhibiting up for the listening to, which implies they robotically lose. If in case you have stable proof — like texts or emails the place your sister acknowledged the debt and agreed to pay it — you’d stand a great likelihood of successful, regardless.
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However getting a judgment and really accumulating on it are two various things. And lots of people will inform you that the latter is the a lot larger problem with small claims. The court docket received’t take any motion to implement the debt, which implies it’s as much as you to play debt collector.
To resolve whether or not that is value pursuing, contemplate your sister’s monetary scenario. What are the percentages that she has any cash left of the inheritance? In case you acquire a judgment, you could possibly get a court docket order to garnish her checking account. But when the account is empty, there’s nothing to gather.
A neater choice after successful in court docket is usually to garnish the particular person’s wages. You’ll be able to gather as much as 25% till they’ve paid off their debt. However so as so that you can do that, your sister must have a job. If she receives unemployment or different public advantages, like SSI, incapacity or Social Safety, these might be off limits.
Earlier than you head to small claims court docket, I’d recommend taking another stab at getting your sister to pay. Attempt sending her a requirement letter by way of licensed mail. You’ll find free templates on authorized web sites like LawDepot and UpCounsel.
A couple of days after you’ve despatched the letter, comply with up together with your sister. Keep calm in any communications you may have, however do be agency. Think about sending her a message that you simply’re prepared to let her pay you again in installments, however when you don’t hear again by a sure date, you’ll haven’t any selection however to take her to court docket. Lots of people don’t repay members of the family as a result of they don’t actually consider they’ll sue them over it. Maybe exhibiting your sister that you simply’re severe will spur some motion.
If that doesn’t occur, you’ll must resolve how a lot effort you’re prepared to place into getting your $625. One factor to weigh is your relationship together with your sister. I get it: Your relationship is presently nonexistent, and your sister is the one answerable for that. But additionally take into consideration whether or not you’re holding out any hope of salvaging issues. If the reply is sure, I’d vote for maintaining issues out of court docket.
It doesn’t matter what you resolve, contemplate this an costly lesson. Providing short-term assist can have long-lasting injury to relationships. Solely lend cash to a cherished one when you’re OK with by no means getting it again.
Robin Hartill is a licensed monetary planner and a senior author at The PNW. Ship your difficult cash inquiries to [email protected].