legalities of a verbal agreement

What is the name of your state? California

I have filed a small claims lawsuit against my ex who lived with me for a year (freeloading). I am suing for car repairs on his car, which I have the bank statement for, but not the actual reciept (I can't get the reciept without having the origional because the shop files them by the reciept #, and he has the reciept) I also have the check back from the bank for the $400 I loaned him to make car payments. My sister made out a declaration stating that the condition of his moving in was that he would pay $100/mo toward utilities which he did not pay in the year he was here because he lost his job and didn't look very hard for another one. I don't have anything in writing about the agreements, they were all made by verbal agreement (who asks their boyfriend to sign a contract?)that I would be payed back and that he would pay the utilities. How strong is my case. I think it's very strong, but would like a legal opinion. I'm suing for $2000, for the car repairs, the loan, and the utility contributions that were not made.

hyldalea said:

What is the name of your state? California

I have filed a small claims lawsuit against my ex who lived with me for a year (freeloading). I am suing for car repairs on his car, which I have the bank statement for, but not the actual reciept (I can't get the reciept without having the origional because the shop files them by the reciept #, and he has the reciept) I also have the check back from the bank for the $400 I loaned him to make car payments. My sister made out a declaration stating that the condition of his moving in was that he would pay $100/mo toward utilities which he did not pay in the year he was here because he lost his job and didn't look very hard for another one. I don't have anything in writing about the agreements, they were all made by verbal agreement (who asks their boyfriend to sign a contract?)that I would be payed back and that he would pay the utilities. How strong is my case. I think it's very strong, but would like a legal opinion. I'm suing for $2000, for the car repairs, the loan, and the utility contributions that were not made.

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**A: good case.

If the loser isn't paying you now, how do you expect this person to pay you if you win your case?

"How strong is my case."
*** Obviously, no one can answer your question with any accuracy. If they could, they would be winning the lottery and living on a beach somewhere.

However, I will give you a hint that might lead you to an answer.
You have the 'burden of proving your claims'. Simply, this means that the obligation is on you to prove to the court that the moneys were paid AND that at the time, there was an agreement that the other party would repay you for them.
How will you PROVE the repayment agreement when the defendant says, "Your Honor, there was NEVER an agreement or promise to repay and any payments the plaintiff claims were made were gifts."??

Further, your own statement says " My sister made out a declaration.... ". How does that make this YOUR claim??

verbal agreement

well, the declaration from my sister is because she and I live together, and I had to clear it with her before Letting someone move in to our house, and the utility contributions were a condition of him staying. As for the loan and the repairs, I was concerned about the same things that you pointed out - that he will say that he never promised to pay me back. I'm hoping that the judge will realize that as a single mother, going to school full time and only working part time, I was in no position to be giving out $900 'gifts' and that I fully expected to be repaid.
Thank you for your advice, it's been very helpful. That's pretty much what I needed to hear.

And since you didn't 'pick up' on my hint.... if this 'declaration' was between your ex and your sister, SHE may be the one to have to bring any claims where SHE was a party.

declaration from sister

no, in the discussion between my sister and I (about him moving in) it was agreed upon that he would pay $100/month toward utilities while he was staying at our house. I, then, relayed the info to him, and he agreed. I am having my sister make out the declaration (or preferably come to court with me) just to back me up on the fact that I did ask him to pay the utility money. I know it's not rock solid, but it's something and it's the truth. It may be old fashioned to think that honesty and justice will ultimately prevail or that the good guy will indeed win, but I'm just going to have to have faith anyway...and cross my fingers. thanks again

Obviously, no one can answer your question with any accuracy. If they could, they would be winning the lottery and living on a beach somewhere.

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I like that one

Me too.