Noviceplaintiff
Mar 30, 2007, 04:15 PM
This Small Claims Trial will be held in Alabama:
I recently had an ex-friend served for a loan of $500.00 that only carried a verbal agreement to repay (the agreement was made during the relationship, prior to making the loan). Prior to filing the summons an attorney was consulted and attempted to collect the unpaid loan as a courtesy due to the small amount (to no avail) and a certified final demand payment letter was sent to the individual by me. Also a barrage of emails were exchanged regarding the loan. While organizing my receipts, atty letters to the defendant, notarized letters and emails in preparation of the small claims trial - as the defendant now denys owing the money and states his reason as no more than harassment by me - I read one email in which I sent to the defendant in the heated exchanges of emails which stated, "I have decided to cut my losses because it is apparent that you will not repay me the money in full that was loaned to help you." However, the certified final demand payment letter and attorney's letters followed that particular email correspondence.
Question: Does that one statement turn the loan into a gift? And how would I address the statement in the email should the defendant show up in court and present that particular email as his defense?
I am not betting that he will remember the email but I don't put anything past him. I've realized that even with documentation, once people start to be dishonest, they tend to continue to lie and he is that type of individual to hold onto his lie until the very end & use anything to help keep his lie afloat.
Thank you,
Novice Plaintiff
I recently had an ex-friend served for a loan of $500.00 that only carried a verbal agreement to repay (the agreement was made during the relationship, prior to making the loan). Prior to filing the summons an attorney was consulted and attempted to collect the unpaid loan as a courtesy due to the small amount (to no avail) and a certified final demand payment letter was sent to the individual by me. Also a barrage of emails were exchanged regarding the loan. While organizing my receipts, atty letters to the defendant, notarized letters and emails in preparation of the small claims trial - as the defendant now denys owing the money and states his reason as no more than harassment by me - I read one email in which I sent to the defendant in the heated exchanges of emails which stated, "I have decided to cut my losses because it is apparent that you will not repay me the money in full that was loaned to help you." However, the certified final demand payment letter and attorney's letters followed that particular email correspondence.
Question: Does that one statement turn the loan into a gift? And how would I address the statement in the email should the defendant show up in court and present that particular email as his defense?
I am not betting that he will remember the email but I don't put anything past him. I've realized that even with documentation, once people start to be dishonest, they tend to continue to lie and he is that type of individual to hold onto his lie until the very end & use anything to help keep his lie afloat.
Thank you,
Novice Plaintiff