Can I sue some one even though all proof has disappeared?

Question

I loaned someone very close to me approximately $8,000 which included a credit card that was maxed out by the individual. I keep all the information because I felt that there would come a time that I might have to sue to get my money back. That information has disappeared. I believe even though I did not want to that the individual took that information out of my house as no one else had need for it . This person knows he owes me that money and although I do not have the information (of course its being denied) I do have e-mail correspondes that I kept in which he states he knows he owes me the money, along with lies and excuses as to when I would be getting it back. It has been over four years and still I have not recieved my money, ( partially because I did not know if I could sue without my proof) anyway I am fed up and want to know if I can sue with the e-mails stating he knows about the money?

I failed to mention state that I live in the State of Michigan .

I also had to file bankrupcty and he is also listed on that as owing me money

Answer 1

The emails will be enough for you to get a judgement against him, but you might not get the whole 8,000 depending on your state.........

Answer 2

Contact the credit card company for duplicate statements and a complete transaction history. When these documents are obtained, ask the person for the credit card back. If he refuses to give it back, report it stolen. If he gives it back make sure that you have reliable witnesses with you to verify that he was in possession of your credit card.

You might also have a claim in small claims court if the time limit hasn't expired.

Have a great day!

Answer 3

You don't indicate what State you live in, but the Statue of Limitations on collecting on an oral or open contract vary and four years may be over the limit, depending on where you live.
http://www.fair-debt-collection.com/SOL-by-State.html

If the Statue of Limitations has not expired, then the e-mail could be admissible in a Court of Law, but you still have to prove your case by the preponderence of the evidence.

Small Claims Court amounts vary from State to State also, and can range to limits of $2,000-$6,000.

Answer 4

ALL Credit Card companies keep records of all transactions.I suggest you contact them to get a copy of each transaction. If He signed a note, do you have a copy ? What-ever the case, a personal chat with a recommended Attorney may be a benefit for you. Good Luck !!

Answer 5

Try calling the credit card company and ask for documentation of purchases made in the time frame you want to sue for

Answer 6

Yes, you can sue with the emails because it proves he knew he owed you money. He can't deny that legitimately in court. You may have to settle for $5000 in small claims court however.