Unpaid debt may stay that way, jeopardizing a dear friendship
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: Two years ago, my husband and I loaned $5,000 to a friend in South Carolina after her son was in a terrible car accident. She never paid us back. Do we have any recourse at this point to recover any of the money we lent to our dear friend?
A: You should start by asking for the money, if you haven’t already.
If you don’t get repaid, your only viable option is to sue your dear friend.
You arguably could sue in small claims court in Texas, where the loan originated, but even if you won, it would be difficult to collect money from a South Carolina resident.
South Carolina has a magistrates court that handles cases involving less than $7,500 in damages, so that might be a better court for your lawsuit. You don’t need a lawyer to sue in that court, so you can handle the matter yourselves. But it would take time and money to go to South Carolina for the court hearing.
The bottom line is that if your friend doesn’t repay the money after you ask for it, you probably should write this one off as a total loss.
Whether you’ll have to write off the friendship as well is outside either court’s jurisdiction.
Q: What happens if I decide to stop deferral of property taxes but not sell my residence? I have deferred for three years.
A: The taxes you have deferred will still be owed. On your tax bill, the unpaid amount will show up in the “Prior year(s) taxes due (if any)” line.
You can pay the current amount but leave the unpaid amounts as deferred. You also can pay all or part of the deferred amounts if you so choose.
Q: My father is executor of my uncle’s estate, which includes a house and two vehicles. My father wants to file an executor’s deed for the house and cars. Will he be able to do so without probating the will?
A: Your father does not have the legal authority to sign an executor’s deed transferring the house until a judge appoints him to serve in that capacity. Therefore, if your father wants to file that type of deed, he will need to go through probate.
As to the vehicles, your father would not use a deed to transfer title. Instead, he can transfer title to the appropriate parties using a simple form provided by the Texas Department of Motor Vehicles called VTR-262 (“Affidavit of Heirship for Motor Vehicle”).