Can I take any LEGAL action? We only had a verbal agreement and I loaned him cash. I just want what he owes me but it has been a long time and I have a lot more bills to pay now.
2006-07-31 03:42:52 · 34 answers · asked by Jack 2 in Politics & Government ➔ Law & Ethics
While at law it sounds like you have a contract, it will all come down to evidence. There mere fact that you haven't written the agreement down on paper doesn't mean that it's not a valid agreement but you are going to have a hard time proving not only that the agreement existed but what the terms of the agreement are (eg what was agreed in respect of when he would pay you back).
Any evidence you have of the loan will be beneficial if you try to take the matter to court (eg transfer slips for the money to your friend, any emails discussing the loan etc). Small claims court would probably be the place to start as you don't usually need lawyers to bring actions.
Any action you take in future (eg if you ask the person for the money back) - put it all down in writing (at the very least in an email) so have evidence of it.
Judge Judy would probably be able to solve your problem :)
2006-07-31 03:49:39 · answer #1 · answered by mel 3 · 11⤊ 1⤋
Unless you have some proof that it was a loan and not a gift, it would just be your word against theirs. You can always try legal action and hope for the best. But, it might be better to just tell the person your problem and why you need the money back now. And if it doesn't come, just write it off as a learning experience on not lending money either without something written, signed, and witnessed, or just give the money and don't count on getting it back, up front.
2006-07-31 03:47:18 · answer #2 · answered by Rjmail 5 · 0⤊ 0⤋
honestly, if nothing is signed and documented you have a VERY long shot. Most courts don't deal with purely verbal agreements unless it in terms of business law (i.e. you give somebody money for services and the services are not rendered). There is assumed liability, but if you are talking about a personal loan, there really isn't much you can do without some documented proof the transaction actually happened, it wasn't offered as a token or gift, and that both parties knew (not assumed) payment would be made.
2006-07-31 03:47:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The thing about loaning money is that it's basically a crap shoot as to whether or not you'll actually get it back. Ask the guy for the money back or if he can make some kind of payment arrangements. You can take legal action, but why clog up the courts with something so petty.
Next time remember to only loan money if you can afford to lose it.
2006-07-31 03:46:27 · answer #4 · answered by Tia 3 · 0⤊ 0⤋
If it's a great deal of money than you should file a law suit. Sometimes just getting served with papers will inspire a person to repay their debt. If it does, don't drop the law suit until you are paid in full. If it's an amount not worth the hassle than suck it up. Lesson's learned: don't loan any amount of money that you can't afford to not get back and always get some kind of receipt/agreement signed by both parties. Good luck.
2006-07-31 03:49:05 · answer #5 · answered by Joe S 3 · 0⤊ 0⤋
You need to get a promisory not from him now. ASAP. With his signature. That way, if he doesn't pay, you can have a good claim in Court. Verbal agreements are so hard to prove. Did you agree on a time frame. Maybe he can pay in installments. If he just seems that he's not going to pay, try to get him to acknowledge the loan during a taped telephone conversation or text message or email. Anything that you can take to court.
Good luck with the deadbeat.
2006-07-31 03:47:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
if you can prove that he has paid some of the loan...like some receipts and have some witnesses of this verbal agreement then you have a good chance to file a lawsuit in a small claims court. You have to be prepared though. Try to have as much proof as possible. Also keep in mind that court costs money and that usually cannot be part of your lawsuit amount.
2006-07-31 03:48:33 · answer #7 · answered by Chantla 2 · 0⤊ 0⤋
You know what they say: a verbal agreement isn't worth the paper it's written on.
You could try small claims court, but without anything in writing, this person can claim you never gave him any money. Even a canceled check would be helpful.
2006-07-31 03:46:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes. A verbal agreement holds up in any small claims or civil court. It would be hard to prove if the person denies that the transaction took place or claims that their understanding was that the money was a gift.
Because there is no paper trail your best bet is to hope that this person is honest in court.
2006-07-31 03:47:15 · answer #9 · answered by Joe K 6 · 0⤊ 0⤋
A verbal agreement will boil down to he said she said in court. Hopefully you gave him a check or some other instrument that can be tracked to prove you loaned him the money.
If you loaned cash I'd forget about collecting.
2006-07-31 03:46:48 · answer #10 · answered by Joker 7 · 0⤊ 0⤋