Is there a chance of winning a small court case where only verbal agreement exists bet parties?

Question

We have filed a plaintiff claim on Small Claims Court where the defending party responded with their defense claim denying the accused owed money. Since the defendant is a close relative, there exists no contract or written agreement when the money was owed. We however, have kept all documents (bank remittances, issued checks to defendant's name) showing that money was given to defendant. Defendant, however, claims them as "gifts" given to her --- which of course, is a lie. How may we able to win our case base on verbal agreements regarding payments to money owed and documents at hand? Do you think we stand a chance of receiving favourable judgement? Do you have suggestions of presenting our case during court trial? We are self-represented since lawyers costs too much we might end up spending more than what we could get --- if we ever win at all.

To anyone with expert advises on this kind of matter, or if you have a similar case, your response would be much appreciated. Thanks!

Answer 1

The checks will establish the payments, the question will be whether it is a loan, as you say, or a gift, as she says.

In the absence of a written agreement, this leaves the judge to decide based on the totality of the circumstances.

There's no single magic question, but some things you might show are:

* the dates of the checks, and demonstrate that they are not in relation to christmas or her birthday or graduation from schools.

* you say a "close" relative; if that means your child, the problem is whether you were responsible for them in the first place. If so, it doesn't look like a loan. If you are siblings, that tends to look more like a loan, depending on the amount and the financial circumstances of each. Rich brothers would be expected to help poor brothers.

* the relative size of your income and the gifts. If you made 50,000 and the check was for 5,000, it's probably not a gift.

* where did the recipient live? with you or alone or with their parents, and were they working? If they were living with parents and working, that might indicate they really didn't "need" the money and wouldn't have asked for a loan.

Think of things that make it obvious that you expected the money back.

In the future, never lend money you expect to ever see again without a mortgage on their house.

Answer 2

Most courts of smaller claims do not allow either party to have an attorney there to represnt them. you can hire an attroeny to help you prepare case and file documents. most attorneys are too busy with more lucrative matters to take such a case anyway.
The small claim court is set up to deal with your kind of problem and the jusdges, who often are just volunteer attorneys, will work with hwat you have to make a decision. verbal contracst are legally enforceable and it is common for small matters between friends and relatives to not be in writing. your testimony and the relevant documents you refer to can win the case for you. especially if you have any third party witnesses. go ahead and bring your action to the court and tell the truth and give the court what you have. you will probably get a fair shake. we all have the inate ability to smell a liar so depend on the court to do that for you. Sometimes the defendant is too ashamed to come to court, take an oath , and lie to a judge and you win by default.
so sue baby sue!

Answer 3

I recently took my old landlord to court because she witheld our deposit and sited all sorts of stupid reasons. The court does look for documentary evidence but the judge presiding in our case also looked at the common sense factors involved. We had no one representing us either and there were no lawyers present. The case was very matter-of-fact and was dealt with efficiently. The judge awarded us the majority of our claim but did make some allowances. The important thing was that the defendant refused to enter into any mediation with me prior to the court action and this was very much in our favour. My advice is don't be scared of this process.

Answer 4

Admission as gifts could be overturned by your testimony that no giving was made but it was a loan of money. Since there is no written agreement, prove in court that a meeting of minds between you occurred that the money given was a loan.

Answer 5

Take all your documents...everything you have. The judge will primarily be interested in the dialog at the time the loan was made. Make sure you tell the truth! The judge will have to determine who is telling the truth.