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CANDICE CHOI

When to say no - or maybe yes - if Uncle Hank hits you up for a holiday loan

By Candice Choi
November 27, 2008
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Digesting your turkey may be tougher today if that uncle you rarely hear from pulls you aside to ask for a loan. Be prepared to protect your money (and the family peace).

Formalizing a loan to a family member or friend may seem cold and ungenerous, but there are financial and emotional benefits. Being able to spell out those reasons may ease tensions and give you a framework to discuss the deal.

"When you're trying to collect on a debt, friends and family can quickly become estranged," said Ira Bryck, director of the University of Massachusetts Family Business Center.

So remember five points:

  • Size up the loan. With certain loved ones, you might be comfortable making a loan with no strings attached. But if your ultimate goal is to recover your money, evaluate the request as if you were a bank.
  • Assess the borrower's finances. Ask why your relative came to you and what other options were exhausted. Ask about her employment.

    Lend only what you can afford to lose. And consider the impact the loan will have on your lifestyle and long-term savings: Is this money you could sock away in an IRA account?

    "Look at it as if it were an arms-length transaction. How would you do this loan if this person wasn't your friend?" said Rob Setlzer, a CPA.

  • Evaluate emotional factors. Consider whether the relationship could survive if the borrower doesn't hold up her end of the deal. And don't forget the rifts a loan might cause with other loved ones.
  • Set the terms. To avoid conflict down the road, spell out the terms of the loan upfront.
  • Ask how payments will be made, over what time frame, and with what interest. Forcing the borrower to think through such details may serve as a reality check - he may even realize he won't be able to pay back the money, after all.

    If you're not comfortable requesting the information, say you need the specifics for tax reasons or to ensure you can meet other financial obligations.

    If the loan is to start a business, discuss what rights (if any) you'll have as a stakeholder. This might include copies of quarterly balance sheets or a role on a board of advisers.

  • Document the deal. Formalizing the loan gives you some protection and lets the borrower know you view it as a serious business transaction. "Going the extra step puts the person on notice," said Michael Eisenberg, president of Eisenberg Financial Advisers.

    For loans up to a couple thousand dollars, a signed memo is usually enough to hold up in small claims court. Generic forms are available online or at office supply stores. For larger sums, you may want to enlist a lawyer to draw up loan documents. This is a particularly good idea if there's collateral involved.

    Candice Choi is an Associated Press personal finance writer.

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