Friend refuse to repay the loan "verbal agreement"

shunned · Jul 2, 2006, 07:07 PM

Doesn't seem like a friend to me. Your cost was 500 to find out. It could've been more, consider yourself lucky. I would let it go & move on.

Fr_Chuck · Jul 2, 2006, 07:46 PM

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 believe.

Getting them served will be the harder thing.

talaniman · Jul 3, 2006, 07:00 AM

Call Judge Judy and make her repay the money, and no, asking for your money back is not harassment

valinors_sorrow · Jul 3, 2006, 09:06 AM

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.

mr.yet · Jul 3, 2006, 09:15 AM

File the compliant in small claims court.

State only the facts to the loan made verbally.

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.

Good luck

fredg · Jul 4, 2006, 08:00 AM

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.

talaniman · Jul 4, 2006, 08:10 AM

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!

bethoven · Jul 5, 2006, 11:45 AM

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.

Thanks
Beth

J_9 · Jul 5, 2006, 12:00 PM

Have you tried this

Hope it helps.

Friend refuse to repay the loan "verbal agreement"

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