Ask Experts Questions for FREE Help !
Ask
    bigdon918's Avatar
    bigdon918 Posts: 5, Reputation: 1
    New Member
     
    #1

    Jun 8, 2015, 02:04 AM
    Evidence do I need in a averbal cotract case
    I am in Tulsa OKLA. I loaned SOMEONE $7,750.00 , He said he would pay me back $500.00 a mouth. He paid me one payment of ($300.00 ) The loan was done on 08/082013. The one and only payment that was made was on 11/07/2014. I am thinking of going to a small claims court. But there is NO paper work or contract for EVIDENCE. So, the case would be a ( Verbal Contract case ). All the evidence I do have, is the people that was there at the time. And that was, my wife, (55), my son (27), & a friend (59), and me (66 yrs. Old ), I have called him over and over about ( 20 or more times ) DO I HAVE ENOUGH ? Do I have a case ?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Jun 8, 2015, 06:11 AM
    ... DO I HAVE ENOUGH ? Do I have a case ?
    Looks like it.

    But you do understand that, should you get a judgment you will still have to collect the judgment by levying upon his non-exempt property? A "successful" outcome of a lawsuit doesn't mean that you automatically get the money.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jun 8, 2015, 07:01 AM
    How did you transfer the money? That should be proof that he received the money from you. Do you have a record of the payment? That should be proof he was to pay it back.

    Both of those items should be your primary evidence with eyewitness testimony to back that up.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Jun 8, 2015, 07:59 AM
    It's generally a bad idea to loan someone that kind of money without having something in writing, and a security interest in some sort of collateral. If you ever do so again (to anyone) a few hundred dollars paid to an attorney would be an excellent investment.

    Without security for the loan, if the debtor were to, for example, file for bankruptcy protection, the money is probably gone for good.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691
    Expert
     
    #5

    Jun 8, 2015, 08:05 AM
    Agreed, do they have a job. Is there money you can attach. Winning the case is only 1/3 of the battle, actually making them pay is another.

    Is there any written documents, did they send you any emails. Did they send you any messages that you can copy.

    How did you give them the money ( a check I hope) so you can prove they received the money.

    Your friend will be the best witness, but you have all of them testify to what they saw and heard.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #6

    Jun 8, 2015, 10:21 AM
    What was the purpose of the loan?
    bigdon918's Avatar
    bigdon918 Posts: 5, Reputation: 1
    New Member
     
    #7

    Jun 8, 2015, 09:33 PM
    Quote Originally Posted by AK lawyer View Post
    What was the purpose of the loan?
    To stop is house from going in to foreclosure, but he lost it 12 mouths later anyway.
    bigdon918's Avatar
    bigdon918 Posts: 5, Reputation: 1
    New Member
     
    #8

    Jun 8, 2015, 09:47 PM
    Quote Originally Posted by Fr_Chuck View Post
    Agreed, do they have a job. Is there money you can attach. Winning the case is only 1/3 of the battle, actually making them pay is another.

    Is there any written documents, did they send you any emails. Did they send you any messages that you can copy.

    How did you give them the money ( a check I hope) so you can prove they received the money.

    Your friend will be the best witness, but you have all of them testify to what they saw and heard.
    He works and makes about $66,000.00 a year. no it was cash .the hole thing is on me. But when you know someone for over 18 years, You just don't think this would happen.
    bigdon918's Avatar
    bigdon918 Posts: 5, Reputation: 1
    New Member
     
    #9

    Jun 8, 2015, 10:00 PM
    Quote Originally Posted by AK lawyer View Post
    It's generally a bad idea to loan someone that kind of money without having something in writing, and a security interest in some sort of collateral. If you ever do so again (to anyone) a few hundred dollars paid to an attorney would be an excellent investment.

    Without security for the loan, if the debtor were to, for example, file for bankruptcy protection, the money is probably gone for good.
    Generally yes, but we way very good friends. We went fishing three times a week for 18 years.That is until he started going to the casino 6 nights a week .
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Jun 9, 2015, 05:13 AM
    If someone is facing foreclosure, it indicates they can't manage their money properly. So they are not a good risk for a loan. So yes, it is on you for doing the loan in the first place and doing it without properly securing your chances of collecting in the second place.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #11

    Jun 9, 2015, 06:22 AM
    Quote Originally Posted by bigdon918 View Post
    ... he started going to the casino 6 nights a week .
    So he is a gambling addict.

    What were you thinking?

    And cash (shakes head in amazement)? You actually went to the bank and withdrew $7,750 in cash? I've driven a truck full of dynamite, but don't think I've ever carried around anything near that amount of cash in my life; and I don't intend to.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Court decision case dismissed due to lack of jurisdictions land case [ 0 Answers ]

My father was the defendant in the case filed on land ownership, the decision of the court was case dismissed due to lack of due to lack of jurisdictions

Can I be convicted of dui case with out any fax or evidence [ 6 Answers ]

Hello and thank you for your time. I'm currently I'm going to court for a dui case. My question is can I be convicted for found guilty if the police officers can provide any evidence. They don't have any video surveillance of me driving drunk and I did not submit to a breathalyzer.. All they...

Can a family court case be dismissed due to lack of applicants evidence? [ 7 Answers ]

My partner's ex has applied for various orders through the court on the basis that he has been 'harrassing' her. She has no evidence, only fabricated conversations that never happened accusing him of calling her names. Will the court take this seriously? There has been a court date set so does this...

Do not feel comp case filed correctly lost want case refiled got sick on job in 2007 [ 0 Answers ]

When talking to people years after case Have been told since I got sick on job should have got worker's comp. Do not feel case was filed correctlt staying I told employer I was physically able to go in field was sent out Was in extreme pain when I returned to office. Went to hospital never...


View more questions Search