View Full Version : Money given with intent of getting it back
turtle28
May 19, 2008, 10:05 AM
If you give someone money or buy them products with the intent of being repaid, do you have the ability of getting the money back if there was a verbal agreement?
tickle
May 19, 2008, 10:19 AM
Verbal agreement implies one sided trust usually not the recipient though. The only way to be sure is get it in writing, no matter how well you know the person.
ScottGem
May 19, 2008, 10:20 AM
Unless you can prove the products or money was given as a loan, then you will have trouble.
progunr
May 19, 2008, 10:21 AM
Verbal agreements are tough to prove in court, normally it is just one persons word against the others.
This is not to say that you cannot prevail, it will simply depend on who the judge thinks is most believable.
Present a strong case, you could be awarded the judgment, then your work really starts.
The court will not collect the money, they will just agree that it is owed to you. It will be up to you to collect the judgment.
Options that will be available should you prevail would be levy of a bank account, as long as you know what bank, and the account numbers. Garnishment of wages if legal in your jurisdiction, or levy or liens on personal property.
Good Luck to you!
Fr_Chuck
May 19, 2008, 01:16 PM
First depending on how much, small claims is a lot easier to sue in, but proving you gave them the money or property, cancelled checks or they agreeing they received it, next what was your relationship, often if you were in a dating or living together relationship the idea of "loans" is not as easy to prove. But small claims court is cheap and if they really owe you, go for it
JudyKayTee
May 19, 2008, 05:25 PM
First depending on how much, small claims is alot easier to sue in, but proving you gave them the money or property, cancelled checks or they agreeing they recieved it, next what was your relationship, often if you were in a dating or living together relationship the idea of "loans" is not as easy to prove. But small claims court is cheap and if they really owe you, go for it
There also has to be a meeting of the minds to form a legal oral contract - a specific understanding of what was being given and what was being paid back and when it was going to be paid back. "When you can afford it, pay me back" is not binding unless you can prove the other party can afford it - and "they" always claim they cannot afford it right now.