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I got a loan for a so called friend/ex roommate for about $2,000 under my name because she didn't have the credit. It was a verbal agreement and nothing in writing. This loan comes/use to out of my account monthly and she would pay me cash on time and/or until she got money to pay it all of or her until her credit got better to pay it off which ever came first.
Now like every other story. We're no longer friends and she decided not to pay me anything anymore. I am taking her to small claims. I have the proof of the loan transferring my account and the monthly cash deposits but nothing in writing. What are my chances? I was going to buy an old car off a so called friend for about $1,500. Her car was past due so I paid about $1,000 on my ATM debit towards the car so it could be current for me. I have the bank statement I paid that X amount to the dealership where her car purchased from.I am no longer friends with her and when she moved out she took the car. I have nothing in writing that I was going to buy it off her. But verbally and the bank statement. Can I win this case in Small Claims? |
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Boy you are a glutton for punishment. First on the loan, you have proof that you paid the loan, and you have proof you made deposits that were used to pay the loan. But you have no proof that she agreed to repay you. I don't think you have a prayer on that one.
On the car, you have proof that you made a payment to the dealer. Do you have any proof it was made towards that specific car? If you do, you might have a case there. Without proof of what car it was paid for you are up the creek. |
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Oh boy, I prefer wininng the 'loan'. Because I'm still paying for that! Thank You.
I have the dealership receipt where it has his name also (but for some reason they had him sign it not me :-( ) but I have the copy... I will find out for sure when I get home. If you can answer this; In small claims, Does the judge flat out ask the defendant if in my case.. "did she provide this for you? " , does the judge ask if it's true what I'm saying? What if the defendant says 'yes' but no proof. Does the judge ask why are you not paying, or is this all about 'proof' /in writing stuff? Does that make sense? |
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If the defendant admits to borrowing the money, the judge will proabably award you a judgement. However, awarding the judgement is only half the battle. They will not collect for you. Its not like the judge rules in your favor and orders the defendant to hand over the money then and there. You still have to collect it.
As for the dealership receipt, it doesn't matter that you have a receipt for money paid, it matters that the receipt shows what you paid for. On the loan, do you have ANY proof you gave her the money. Was a check issued in her name? |
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Ok well I have an idea that she will admit.. hello, what kind of person would lie in court, isn't that purgery? About collection, I don't know her place of employment but I have her credit union information, would that help?
About the dealership, it doesn't specify for what car exactly, it's a small dealership I doubt they anything of that sort. My statement shows the date , name of dealership and the amout. About the loan, no. If I had a check issued I'd be more content. I do have a 'witness' that has heard back and forth conversations when we were all friends saying that I did get her a loan and about the money for the car and that she would pay me monthly etc. and that the car would be mine after I paid it off or decided to get it in writing. Thank You ScottGem, you're very helpful. |
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People lie in court all the time, especially if they don't think there is anyway to prove they lied. Perjury is rarely prosecuted.
If you have bank account info you may be able to attach the account. If you have a witness where the loan was discussed, then you have a better chance. |
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Yes I can probably attach the account info.
My witness will be with me. I really hope she lies, whoa what kind of person would do this. I couldn't do such a thing. I believe in Karma. And she will get hers in life. Actually tomorrow is the big day! Wish me luck. Thanks a buch Scott, you're a great help! :-) |
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