Can I sue my sister for money that was supposed to be for me but was loaned to her?


My dad set up a trust for my sister and I and she got hers when she went to college so I was in hs when she wrecked her car my dad like a sucker took money out of my trust and gave it to her so she could buy a new car(that she wrecked that one 2)

Anyways she signed a promisary note saying shed pay him(my trust)…

As far as your turst, your dad can do whatever he wants with it if there is no contract stating otherwise.

The bottom line is you CAN’T sue if the note is between your dad and your sister. Your dad would have to sue her.

A lot is likely to hang on the terms of the promissory note. There may be a notice period for her to pay back the loan (ie you give her a month’s notice) or it could be instant (‘at call’) or in instalments. You’ll need to work out the exact situation and act accordingly.

You probably want to avoid court. It costs (depending on your jurisdiction and how much the debt is for) into the hundreds to file your application before you even think about paying lawyers etc and going through the drama of court. It should probably be the last resort.

Discussing the debt with her and coming to an agreement for it to be repaid is probably the most sensible option. Not burning your bridges early is always a good thing too.

If she has no means of paying the debt then there’s not a great deal of use rushing off to court. The court is likely to set up a payment plan (like the one you could agree on out of court) and it could be a while before the money is paid back. Also, remember you won’t generally get all your legal costs back even if the court orders that she pay them as lawyer costs are mostly higher than what the court orders.

In short, to answer your question, if the promissory note means she must repay the money to the trust, then she must so you can sue her, although I’d say you probably won’t want to. Incidentally, I’m referring to you as the plaintiff, although I’d say it’d be the trust or trustee that would actually do the suing.

(As an aside, I assume the destroyed cars would have been insured so she would have got money back for them?)

Better not think about buying a Porsche just yet.

Seems this “deal” was made between your dad and your sister.

I’m not a lawyer, but looks as though your dad is going to have to sue your sister. Now I ask you, do you think your dad is going to sue your sister? I only ask this, because you did say (“my dad, like a sucker”).

Also remember the promissory note was made out to
your dad and signed by your sister. Looks like it’s between your dad and sister.

You seem to be forgetting where the the two trust funds came from. The trust funds wouldn’t be there if it weren’t for you dad (the sucker).

Life goes on. Deal with it.

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RE :Can I sue my sister for money that was supposed to be for me but was loaned to her?
My dad set up a trust for my sister and I and she got hers when she went to college so I was in hs when she wrecked her car my dad like a sucker took money out of my trust and gave it to her so she could buy a new car(that she wrecked that one 2)

Anyways she signed a promisary note saying shed pay him(my trust) back. That was 4 years ago and she hasn’t how do I sue her to get my money so I can buy a porsche or something.
Follow 8 answers

It sounds like your dad set up the trust and he is still alive. He can do what he wants to with it. The repayment of the loan is between him and your sister. I also belive your Father set the trust up so you and your sister will have a little security once he is no longer around. Why blow it on a porsche. Sounds like you and your sister are spoiled brats.

Sounds like your sister was almost “upside down” in her car loan. Meaning, she had a loan for much more than the car was worth. The insurance company isn’t liable for that. If the other driver was found to be at fault, then usually they would have to pay the car’s value, not replacement. She isn’t looking at getting a bonanza, but it is a problem if her loan was more than the car’s value.

You would sue your dad. He took the money out. Maybe your sister SHOULD pay but im pretty sure you sue your dad. BTW dont blow the money thats stupid.

if u r trieng to mess up the relationships in ur family then yea sue her! Sueing family members just ruins the family relationships. Try to have a talk with her, and explain to her that its your money. I am sure shell understand

;Let some more year pass like this for better family and sisterly relation .Perhaps she will pay you one day on request .

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