Legal Question in Credit and Debt Law in Tennessee
ex-finance refuses to pay back loan
my daughter borrowed her ex-fiance 15,000.00$ he signed a promisary note stating he would return it if they parted ways. she has the note and the cancelled check with his signature on the back. he refuses to pay her the money, legally, can we get it back?
2 Answers from Attorneys
Re: ex-finance refuses to pay back loan
Yes, you can sue him in small claims court in the court of the country where he can be found, or in the county where you live, or in the county where the transaction took place and most likely will get a judgment against him. Collecting on a judgment, however, is another thing entirely. You could execute on his payroll or his bank account but sometimes collecting on a judgment can be difficult particularly if he is hiding assets.
Re: ex-finance refuses to pay back loan
You can certainly sue him and you will probably get a legal "judgment" saying that he owes the money to you and giving you the power to sieze assets, garnishee wages, etc. Whether or not you will successfully collect the money afterward, however, will depend upon his available assets and wages. Many basic assets and some wages are exempt from creditor siezure because they are deemed to be necessities of life.
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