Full question:
More than 5 years ago but less than 10, my nice borrowed $3,000 from us for her wedding. She promised to pay us back within 6 months but, when time came to pay back, her new husband told us that 'blood-related' people in his book did not need to pay this type of loan! We disagreed with him but he would not discuss it further. He is a police officer in Dallas and twice my size, and half my age, so I did not feel comfortable making it more clear to him since I would not have much to defend myself if he got more upset then he was already for my trying to convince him and his wife to pay what was due to us. This niece and nephew have 2 children now and they have bought a house in Dallas but, I just heard that the house is on the market For Sale. My idea is to simply place a Mechanics' Lien on the property and if enough Equity is available to pay the $3,000 plus any interest that I can legally claim, I would go forward with this plan right away. If you see a good possibility for this plan to work against their equity on their house, we would like an estimate of cost to have this legal procedure done for us ASAP. Your reply and suggestions will be appreciated, --- I am now retired with only S.S. benefits coming in so I would like to collect from this malicious police officer (nephew) of ours.
- Category: Debts and Credit
- Date:
- State: Texas
Answer:
We cannot give legal advice, and are not forming an attorney-client relationship with you. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
You have probably passed the time allowed by the statute of limitations on debt in Texas, which is 4 years. See: http://credit.about.com/od/statuteoflimitations/g/txsol.htm
If the statute of limitations (a time period after an offense during which you are allowed to sue someone) has expired, then your suit for the debt would probably be time-barred. A lawsuit would have been the way to pursue this. A mechanic's lien on a house is probably not. A mechanic's lien is for work done. This debt is not of that character.
It is worth talking to a local attorney who may have a different opinion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
