How can you suit a person who owes you money, without any binding contracts that they borrowed money from you?

Question

I have a friend who came from LA, who brought a couple of her friends along. Without any money with them, They asked me to lend them money for the hotel, and Pay me on the same day. However, it has been 3 weeks and they still owe me the money

Answer 1

Verbal contracts are legal. Write up a notarized affidavit of exactly what happened, what was said, how much money changed hands and when. File in Small claims court. If they don't show up you win by default, and a judgment for the amount plus court costs is issued. Then take their car.

Answer 2

Unless the money was owed for board and feed on that horse or she was the previous owner, no. I'm not a lawyer though. I would consider it stealing because she did not go through any authority figure like a court or the police or I'm assuming warning. It's one thing to say, unless you pay me I will have the police escort me and confiscate your horse, and other to just take the horse off the property without notice. It also depends on how much money is owed, if the debt is a couple hundred- then it's ridiculous. The horse could be worth more, plus the woman may not be taking care of the horse properly and she would be responsible for any accident or illness that happened to the horse. It is in her possession, without owner permission or agreement to take the horse off the property, and the horse could become upset about leaving the stable and herd and get injured in a fence or in transport. Or she could potentially be exposed to equine diseases or illnesses, like the EHV-1 outburst in the US, plus the sudden change in feed could be harmful to the horse and there's the fact that this woman could do lasting damage. Are these things likely to happen? No, probably not. But that's not the point, the point is this woman probably didn't even take things like that into consideration. This is not a car- this is a living animal that needs consistent care, safe fencing and shelter with proper feeding. A car isn't going to get upset that it's sitting in someone else's driveway, a horse can become distressed about leaving it's familiar stable. New stable mates could pick on and injure the horse. The horse's health could be affected and the woman would be at fault. If she wanted the money owed by your friend she should have warned her or taken her to a civil/small claims court or had the police informed and come with her. If the woman doesn't have the agreement in writing that your friend would repay the woman for whatever reason she owes her the money, then she should have. If she didn't specify how she must be repaid and by what date, then it's also stupid. Should your friend re-pay her? Yes, but that doesnt give the other woman the right to step in and take her property. She did it illegally and without having the value of the horse appraised, and creating a similar and secure environment for it. She also did not sign a waiver of liability when taking the horse off the property. If someone took my horse.... god help them. I'd press for theft and emotional distress and point out the potential for injury or illness with the horse to the police. If someone smashes your car in anger you can't go smash their car in return and have it be legal- you go to the police and press for compensation. If someone owes you money you can't just steal their kid and have it not be kidnapping. Seriously, have her go to the police and get the horse back. The other woman can/should offer a payment plan, etc. If anything's happened to the horse when in her care, she's at fault. You could also try calling whatever stable she moved to, if you know which it is, and explaining the situation to the barn owner. It's doubtful they'd want to be involved in this mess. I dont know if it'd work the same in the UK, but it's worth a try since the other woman should NOT have taken the horse like that. Good luck getting the horse back!

Answer 3

Yes, normally you could sue someone who borrowed money from you and refuses to pay it back. But the problem that you have is no proof. You did not have anything in writing and since there were her and her friends that were involved in the transaction, personally, I don't think you have a chance. All they have to say is that you did not lend her any money. It is not right that you helped her and the friends out and they have not paid you back; unfortunately, that is the way some people are. Your best bet will probably be to keep this lesson in the back of your mind the next time you try to be a friend to someone. Not all people who claim to be a friend are indeed a friend-some are losers.

Answer 4

They must have found you suitable.

Verbal contracts are binding, however, they can be difficult (and expensive) to enforce.

How many witnesses were there that would support your claim?

If you have credible witnesses, you can take them to small claims court. First investigate the cost of filing, appearing, and all court expenses. You likely want to sue for court costs as well. Calculate your probability of winning.

On small debts, often it is more valuable to chalk it up to education. Now you know who your friends are(n't), and now you know to get a written contract, with security.

Do you know how to make cement shoes? :)

Answer 5

Why suit them. Buy them a T-Shirt maybe. But they conned you out of your money, so let them go naked.
You don't really seem smart enough to sue anyone anyway. Lending strangers money. I have some oceanfront property in Kansas. Would you like to buy it?

Answer 6

I would have them sign a paper saying that they will pay you the money they owe you ( write the amount) by a certain date, then if they don't pay you by that date you still have proof that they owe you this money, good luck !

Answer 7

They have to willingly admit in court that they borrowed money from you with the intent to pay you back. Or you have to bring witnesses that saw you give them the money.

At least thats how it works on Judge Judy.

Answer 8

A lesson should have been learnd here never lend money to some one you do not know sorry chalk it up as a loss an do not do it again

Answer 9

Not a very good friend, huh?!

Not too much you can do about it, except let your friend know you really need the money and if your friendship means anything, they need to pay you back right away...and good luck with that.

I'd chock it up to experience,a and tell this friend to hit the road

Answer 10

No, because it was never specified when they would repay you. There is no contract. Theoretically, they could be planning to repay you when they graduate from college, or buy a home, or get a job in Las Vegas as as Elvis impersonator.