I need an ATOT lawyer...

[NuclearNed]

...before I consult my real lawyer. I don't want to have to pay his hourly consultation fee unless I feel I actually have reason to.

I've been helping my elderly parents fix some financial mistakes they have made. They are naïve country people, and grew up in a time when you could trust anyone. As a result, they've made some stupid decisions...

There are 2 different situations, both of which happened several years ago (probably within the past 10 years).

1. My dad loaned his boss $10k but never got a penny of it back. He says that they drew up and signed an agreement, which Dad still has. The agreement was that the loan amount plus interest would be repaid. The loan was to help out the business where my dad worked, which has since gone into bankruptcy. I haven't seen this written agreement, but I suspect that the loan was made directly to Dad's old boss, and not to the business itself.

2. Several years ago my dad hired a company to put a new roof on his house & do some related work. They royally botched the job. Dad decided to take them to civil court. He represented himself... and actually won the case. The judgement was for a significant amount of money, which the defendant never paid. I'm not clear if it was Dad's responsibility to actually collect the cash, but if so he never kicked off that process - I think he assumed that the court would handle the collection.

Does he have any course of action in either situation? Does a statute of limitations apply in either one?

 

[highland145]

1. Small claims here is $15K and under. Call the magistrate's office after you look at the doc.
2. Depends on where you are. See 1.

 

[NuclearNed]

@highland145 - thx, but I'm pretty ignorant, so throw me a bone here... I'm in Tennessee, and I don't know that we have a local official with the title of "magistrate." Is it possible that this person would have a different title?

 

[Scarpozzi]

Fox and Farmer are the way to go.

I really can't back that up....I just know you see those commercials all the time. A quick google search on the loan repayment suggests using a demand letter to inform them of the loan. Most loans have repayment terms attached. If there are none, this is a conversation that needs to be had.

This is a link on how to write a demand letter. There are probably other good resources on that site.

How to Write a Formal Demand Letter

Learn how to write a formal demand letter requesting payment for damage caused by another's wrongdoing and settle the case without going to small claims court.

www.nolo.com

 

[NuclearNed]

@Scarpozzi - thx for the info. I have an attorney who just recently handled a similar situation for my parents (they got roped into a Ponzi scheme). I think I would rather just pay him to write a demand letter, if it comes to that. Sometimes official letterhead is worth its weight in gold.

My parents' poor financial decisions are going to put me in an early grave...

 

[highland145]

Probably not your county but you have magistrates.

Magistrates Office | Williamson County, TN - Official Site

www.williamsoncounty-tn.gov

 

[NuclearNed]

Probably not your county but you have magistrates.

Magistrates Office | Williamson County, TN - Official Site

www.williamsoncounty-tn.gov

awesome - thx. I'm going to find out who the magistrates are in my county & get in touch with them this morning

 

[s0me0nesmind1]

Both of those are likely screwed and not worth persuing (In my honest non-lawyer opinion).

You can win two trillion dollars in court cases - if the people don't have money to pay the resulting case then it's like trying to extract blood from a rock... it will never happen.

How old is the first one? I mean either way as far as debt is concerned I believe there is a 7 year statue of limitations for debt but I'm sure it varies.

EDIT: According to this, statue of limitations in TN is 6 years: https://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html

 

[highland145]

Get the paperwork from your Dad and the court docs/case # if he still has them.

 

[highland145]

I mean either way as far as debt is concerned I believe there is a 7 year limit or whatever....

Ours is 2 years to file a judgement after the court rules.

 

[NuclearNed]

Both of those are likely screwed and not worth persuing (In my honest non-lawyer opinion).

You can win two trillion dollars in court cases - if the people don't have money to pay the resulting case then it's like trying to extract blood from a rock... it will never happen.

How old is the first one? I mean either way as far as debt is concerned I believe there is a 7 year statue of limitations for debt but I'm sure it varies.

EDIT: According to this, statue of limitations in TN is 6 years: https://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html

I'm not sure how old the 1st one is - maybe 5ish years based on something my Mom said - but I suspect it is older than that.

The 2nd one was a judgement against a business which I think still exists. They probably have the money to pay. I guess the real question is whether too much time has passed.

 

[NuclearNed]

Get the paperwork from your Dad and the court docs/case # if he still has them.

He does - I'll get them. He has religiously kept every scrap of paper that he has ever touched...

 

[s0me0nesmind1]

I'm not sure how old the 1st one is - maybe 5ish years based on something my Mom said - but I suspect it is older than that.

The 2nd one was a judgement against a business which I think still exists. They probably have the money to pay. I guess the real question is whether too much time has passed.

So... statue of limitations (generally as I understand it) is your window to take them to court for the supposed debt.... Since he already went to court, the case is already established. The state understands and has declared that this person owes you the money. So (again, not a lawyer) I don't believe the statue of limitations applies in that regard.

For the first one, I would honestly try to look into the boss and see if he has any money to determine if it's worth wasting YOUR time and money to try and pursue it. Try to look them up on Facebook/LinkedIn and see if they have a decent job or if they work at McDonalds living out of a trailer park with 30 debt collectors already coming after him.

 

[NuclearNed]

Just because I'd like to know... in the 2nd situation, when my Dad won the judgement against the roofing company... how does someone who wins such a case usually collect?

 

[highland145]

Just find out what forms need filing, when/where. Lawyer is an added cost that is likely a waste.

Here....
Notice of default, certified, giving 21 days to pay up.
File the summons with the mag.
File the judgement at the clerk of court.
File the execution with the sheriff's office. Sadly, not a real execution...Anyway, they look for titled (cars) property to repo and auction.

This will take several months.

 

[Scarpozzi]

Just because I'd like to know... in the 2nd situation, when my Dad won the judgement against the roofing company... how does someone who wins such a case usually collect?

I think with small claims and such, when someone doesn't pay....you call the sheriff's office to help? It's not in the roofing company's best interest to come forward and pay until they get a letter in the mail or some notification. It's always a matter of how much money is owed and a payment schedule that has to be drawn up. That's pretty much the same on the loan repayment too. If there's no payment schedule established at the time of the loan, things can get muddy if the person expected to pay doesn't take initiative.

 

[highland145]

For the first one, I would honestly try to look into the boss and see if he has any money to determine if it's worth wasting YOUR time and money to try and pursue it. Try to look them up on Facebook/LinkedIn and see if they have a decent job or if they work at McDonalds living out of a trailer park with 30 debt collectors already coming after him.

County property records, ftw.