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Friend refuse to repay the loan "verbal agreement"
I loaned a friend for $500 having an verbal agreement that she will return the money in few weeks. I helped her as she had won a lawsuit aganist her lanlord of $4000. Now after 3months, she is not responding my emails, disconnecting my phones. Scaring me that she will make harrasement charges aganist me if i email or call her. (Wonder how asking the money is harrasement). I have proof of my check. Can i go to small claims(i live in MA, usa), will the signed check serve as proof. I am worried i may lose bcos its just verbal agreement and nothing is written in check as loan. Can she claim the money as gift?? She never replied anything about money. Always she says donot disturb me. Shud i wait for money(but i doubt such an arrogant and heartless people will return the money) or take her to small claims. I am also worried if clerk favours her then i may lose the enitre money. CAn the emails and voicemails act as proof in small claims court??
I donot know her home address, i know only her phone number and vehicle number?? Is it going to be a problem for me?? Can court help me to locate her address? I highly appreciate any kind of responses.
You can sue in small clains court, you do have proof you paid them the money. Next is the problem, it will be your word against them. So yes they may come in and say anything or everything,
It will all be up to the judge to decide who to beleive.
You have already lost the money and small claims doesn't cost much (filing fees, etc) so it may be worth it as your only shot. I believe you are going to have to provide an address for her but its possible to look it up in a reverse directory where the phone number is used to find an address. My local library has a reverse directory, so maybe yours does too? If not, ask the clerk of the court for some guidance on that when you pick up the papers to fill out.
At court, have the cancelled check and notes you made of what occurred chronologically. Be very short, business-like and factual in your answers to the court. You'd be surprised how they rule.
And next time you'll get it in writing, so if the court rules against you, at least you have the lesson learned, albeit an expensive one.
example
1. I loan ---name---$500 witht he understanding that --name--- would repay in xxx amount of days.
2. --name--- has not paid the loan has agreed to.
3. ---name--- has not return telephone calls or email.
stated only facts about the loan, let them try to dispute your claim with fact if they have any. the court will listen and will rule by whom present the best evidence.
Hi,
You have some good answers.
But, your chances are probably "slim" and "none" in court.
It's worth a try, though. It all comes down to "your word" against "her word".
I am sure you know by now to never loan money to anyone, without a written document of some sort, with how much, and by when it's to be paid, with both signatures on it, notorized if possible. I do wish you the best, and good luck.
I actually think your chances are very good due to the fact that her harassment claim is about you bugging her for your money, which is not illegal as it is an attempt to collect a debt. And also if you can document these attempts then it leads credence your argument that this was a loan!
I thank you everyone for responding. I am planning to take this matter to small claims. As i said, i don't know the defendant address. I called small claims clerk, but she said without knowing defendant address you cannot do anything. Just wondering how can i know her address.
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