loan with only verbal agreement

[qqatsi]

I recently loaned a friend $3,500 to cover her mortgage payments. Since that loan, we have severed our personal relationship. She is now denying that I ever loaned her the money. Unfortunately, I only made a verbal agreement with her. I do have a copy of a cashier's check which we used to pay off the mortgage, with both our names on the check. I also have a copy of the withdrawl from my bank in the amount of $3,500. I realize that I will need to go to small claims court, yet I now live out of state and wonder if I have any chance of winning the case. She has a history of taking money from people and not returning it.

 

[Michael Wechsler]

I recently loaned a friend $3,500 to cover her mortgage payments. Since that loan, we have severed our personal relationship. She is now denying that I ever loaned her the money. Unfortunately, I only made a verbal agreement with her. I do have a copy of a cashier's check which we used to pay off the mortgage, with both our names on the check. I also have a copy of the withdrawl from my bank in the amount of $3,500. I realize that I will need to go to small claims court, yet I now live out of state and wonder if I have any chance of winning the case. She has a history of taking money from people and not returning it.

Verbal agreements are generally enforceable, subject to the statute of frauds. If you can, (1) bring any witnesses you may can that might be relevant, (2) bring any evidence that might support your claim that a loan existed. If there was a joint obligation of her to pay, show to the judge that you paid off her portion - that would seem to indicate that an obligation on her part existed. In a case such as this, it mostly will come down to credibility and your ability to show some proof that a loan was made. I think you have some supporting evidence that could make your case stronger than you think. Remain positive! Be prepared! Good luck!