• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

loaned money to family member & they won't repay

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lastchance

Guest
I loaned appx. $3,900 to my sister & brother in law to start their business. I took cash advances on my credit cards and a loan to get the money for them. We have no written agreement. Now they are saying that they never borrowed the money. The only proof that I have is a cancelled check in the amount of $1,500 and a copy of their bank statement where the check was deposited into their account. I also have a credit card statement listing a cash advance in the amount of $2,400 and a copy of their bank statement showing a deposit with the same amount and on same date going into their account from the same bank (we went together to make these transactions, and we both banked at the same bank)
Are the bank statments and cancelled check enough evidence to prove they borrowed the money. Is their other evidence that I could gather that would help.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by lastchance:
I loaned appx. $3,900 to my sister & brother in law to start their business. I took cash advances on my credit cards and a loan to get the money for them. We have no written agreement. Now they are saying that they never borrowed the money. The only proof that I have is a cancelled check in the amount of $1,500 and a copy of their bank statement where the check was deposited into their account. I also have a credit card statement listing a cash advance in the amount of $2,400 and a copy of their bank statement showing a deposit with the same amount and on same date going into their account from the same bank (we went together to make these transactions, and we both banked at the same bank)
Are the bank statments and cancelled check enough evidence to prove they borrowed the money. Is their other evidence that I could gather that would help.
<HR></BLOCKQUOTE>

My response:

You have a very good case. Your argument to the judge, after you show the evidence documents, would be: "Your Honor, if it walks like a duck, and quacks like a duck, it must be a duck."

In other words, you not only have direct evidence, the cancelled check, but you also have good "circumstantial evidence" in the credit card statement, and their deposit statement.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top