Consumer Law, Warranties $1000 Verbal Contract Loan to Co-Worker

[sjk0543]

On August 1st, 2010 I loaned a co-worker $1000 with a verbal contract that she would re-pay me. I just withdrew the $1000 from my checking and gave her cash.

I talked to her many times but I haven't seen a dime, while she still insisted that she would pay me back.

Today at work, I called her and asked for her to sign a document saying we had a loan she needed to repay. She hung up and wouldn't answer the phone for the rest of the night. She transfers to a new location in 2 days, and will probably call in those days. So thinking that this was the last time I would be able to talk to her in person, I made the mistake of following her home which is 40 minutes away. She called the police the police let me go, pretty much saying she wasn't being exactly truthful, but I still I'm sure that doesn't look good.

I have 3 people that this individual told I had loaned her money. One of which was told that I was never going to get paid back.

I'm thinking of taking her to small claims court. Do I have a case and what kind of recommendations would you have for me if I do?


Thank You
Seth

 

[jharris352]

Sue her in small claims court and subpoena those people to testify. Don't ask them, just subpoena them. Most people when faced with a loan in court do not lie entirely, they try to say that there was no firm date to pay back or that the loan was a gift. Under questioning the idea that $1000 was a gift will fall apart. If there was no firm date for payback then it is a demand note (Due on Demand) and you can't demand any harder than to sue for your money. She will screw herself up in court. Sue her, serve her at home and go from there.