Legal agreement nightmare... need advice BADLY!

[eviltom]

Okay, so here is the situation in short...

Took out a loan in my name for the amount of 7.5 thousand, under the verbal agreement with someone that they would pay the monthly fee's until the entire loan is paid off.

After about 2 payments have been made by that person, that person has decided to stiff me with the loan. Avoiding my phone calls and disregarding my emails.

What I DO have as something of proof of our verbal agreement, are some emails in which she clearly states that she is paying the loan. I can also contact the loan company and get a copy of the checks SHE sent in as further proof that she had agreed to pay the loan.

I also know where she lives, so the issue with getting her a summons to court is not an issue. If she moves, I know her SS number as well. I can track her down.

What do you think my chances are of taking this up in small claims court? I looked online and the amount she owes me barely meets the requirement for small claims court in PA.

Any advice would be appreciated GREATLY. Thank you.

 

[Michael Wechsler]

You can sue up to the amount limited by small claims. So if she owes you 5.5K and the limit is 5K you can sue her for 5K in small claims.

Verbal agreements are proved by facts and circumstances. Receipts are a good source. Did you provide the cash or did you pay for something directly? Emails are a good source of proof that there is a verbal agreement although there are challenges of whether what you are showing is "authentic" but it still can be a factor. Getting canceled checks would be excellent and after filing suit you may be able to get this information from the loan recipient's bank by sending them a subpoena for canceled checks.

It is always good to have copy of a demand letter, sent certified return receipt.

We'll need to know more about the situation to be able to help you troubleshoot what evidence might work but am sure you see where this is going and can figure out sources for yourself.

Originally posted by eviltom
Okay, so here is the situation in short...

Took out a loan in my name for the amount of 7.5 thousand, under the verbal agreement with someone that they would pay the monthly fee's until the entire loan is paid off.

After about 2 payments have been made by that person, that person has decided to stiff me with the loan. Avoiding my phone calls and disregarding my emails.

What I DO have as something of proof of our verbal agreement, are some emails in which she clearly states that she is paying the loan. I can also contact the loan company and get a copy of the checks SHE sent in as further proof that she had agreed to pay the loan.

I also know where she lives, so the issue with getting her a summons to court is not an issue. If she moves, I know her SS number as well. I can track her down.

What do you think my chances are of taking this up in small claims court? I looked online and the amount she owes me barely meets the requirement for small claims court in PA.

Any advice would be appreciated GREATLY. Thank you.