Legal Question in Civil Litigation in Indiana

How can I sue a family member?

Here's the short version-my husband took out a boat loan in his name for my dad, who would make the payments.6 months later my dad pasted away,but my mom kept it and paid on it until Dec of 06 when my mom wanted to sell it that's when my cousin and her husband begged us to let them take over payments. They took it to Nebraska,didn't winterize the boat and blew up the engine, took it to a boat repair and decided they weren't happy with the deal anymore so they stopped making payments and left it at the boat repair.I want to sue them for the payments + late fees they didn't pay while they had it,damages to the boat,labor charges they aquired at the boat shop,property taxes they didn't pay,and costs for us to have to go and get it in Nebraska. Do I have any legal grounds?

Asked on 7/31/07, 9:03 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: How can I sue a family member?

The facts stated in your query if proved in court would support a judgment for recovery of all your damages. Your biggest problems will be in areas of procedure and collection. You will need to carefully plead the case, so you have jurisdiction in Indiana. Then you will have to domesticate your judgment in Nebraska to collect on it (unless the cousin has assets in Indiana, such as a share in an estate). Good luck.

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Answered on 8/01/07, 12:21 pm

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