By the time we found out it was almost ten thousand dollars. I made him go to a lawyer and draw up papers that her and her husband signed that she would pay him back. But she has quit paying because she quit her job. Legally is there any thing else we can do?
Have you been able to have a firm conversation with this cousin, force them to see that your Dad will need his money for care in the future. Tell them you will take legal action against them, if the don't pay back what was borrowed, and intend to go forward with it. I would! That is a lot of money, and they are criminals for taking advantage of his good nature! You've received some great advice, and I hope you go through with some, to recover what is rightfully his! Time to take action and a tough stance!
This posters situation--this is plain out theft, yes, get the legal team on your side. A court ordered payment is fairly easily obtained. Whether the family decides or chooses to make even token payments on that debt it up to them. The legal system is very slow--but they will be caught, eventually. Maybe just the knowledge that you went "legal" on them will be enough.
And yes, it sounds like Mom needs another responsible person signing on the checkbook---but my mom got around that by withdrawing fairly large sums of cash she could slip to my brother. You kind of have to keep an eagle on aging parents, sometimes.
If they own a home, a lien would be filed against the home. If they own vehicles, those vehicles could be seized. I'm not current on these laws though, so I don't know if one vehicle would be left so that they could transportation to work. Execution laws can be very, very draconian.
This is something you'd have to think about, whether or not you'd want to take this drastic step, if a judgment was entered and the niece and/or husband refused to pay.
I once worked for an attorney who did execute on a judgment. He went for everything. I have some vague recollection of the very angry and upset debtor calling when the sheriff came to seize the assets.
It's an unsettling event; I wouldn't want to ever again see anyone experience having their possessions confiscated. I couldn't help thinking of old England and the debtors' prisons.
One thing to consider in getting a judgment (which likely would include interest at the "money rate" of your state) is whether or not your niece has any assets that could be seized. If she's "judgment proof", i.e., no car, no house, no money, nothing of value, then the judgment would just be filed but there would literally be no way to collect until she goes back to work.
However, since her husband signed as well, he may have assets that are recoverable through collection. If he's working, his wages could be garnished pursuant to an judgment entered by a court.
You might also consider getting an injunction against her so that she can't visit your father and ask for more money. Payments pursuant to any judgment could just be mailed.
If you have the niece's SS number, you might be able to file with the three credit bureaus a notice of the existence of the debt. It would affect her credit rating, though, so you'll have to weigh the benefits of doing this, specifically, whether she's a mooch or whether she might be forced to pay.
Judgments are considered assets; I don't know whether Medicaid would consider that factor if he ever needed to apply.
Judge Judy does. The others pay but not sure how much. AI you live in Calif
You can sue up to 10,000
.Other states vary.