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being sued for breech of verbal contract

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haileyzmom

Junior Member
What is the name of your state (only U.S. law)? Nevada I am being sued for breech of verbal contract for 2000. A "friend" had me hold money in my account for her while that money was in my account I put a 2000 down payment on my vehicle. I returned her money a month later and since then have had a falling out and now have an extended restraining order against her. She claims to have text messages from me admitting that I owe her money. But there is no record of the money she put into my account only the check that I wrote her for 4400 a month later. I have never been to court and am not sure how to present my case
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Nevada I am being sued for breech of verbal contract for 2000. A "friend" had me hold money in my account for her while that money was in my account I put a 2000 down payment on my vehicle. I returned her money a month later and since then have had a falling out and now have an extended restraining order against her. She claims to have text messages from me admitting that I owe her money. But there is no record of the money she put into my account only the check that I wrote her for 4400 a month later. I have never been to court and am not sure how to present my case
Following are two links that will provide you with information on small claims courts in Nevada:

http://www.civillawselfhelpcenter.org/self-help/small-claims/being-sued-in-small-claims

http://www.lasvegasjusticecourt.us/divisions/small_claims/

When you go to court, you should have with you any evidence available that indicates you do not owe your friend money. Try not to divert attention away from the reason you are in court by adding any unnecessary information or details about your relationship with your friend. The judge is only interested in the facts of the matter before him.

You should show the judge and his courtroom the proper respect by dressing nicely and being polite to everyone, including your friend, but do not address your friend directly. Let her tell her "side" of the story and the judge will give you the opportunity to respond to and refute anything she might say.

Good luck.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Nevada I am being sued for breech of verbal contract for 2000. A "friend" had me hold money in my account for her while that money was in my account I put a 2000 down payment on my vehicle. I returned her money a month later and since then have had a falling out and now have an extended restraining order against her. She claims to have text messages from me admitting that I owe her money. But there is no record of the money she put into my account only the check that I wrote her for 4400 a month later. I have never been to court and am not sure how to present my case
What do you mean "there is no record of the money 'she' put in your account"?! That is a ridiculous assertion! You've admitted above that "money was in my account". Do you take us for fools? Do you think a judge is going accept your testimony that a certain sum of money was placed your account, yet there is no record of it!

What it suggests is that she entrusted you with a sum of money (the amount of which you are obviously reluctant to disclose or you would have done so) with the understanding that you would "hold it in your account". But it never reached your account. And that is why you claim that there is no record of it.

Either that, OR she did entrusted you with a sum of money that you, and not her, deposited in your account. Thus justifying your contention that:

". . . there is no record of the money SHE put into my account . . . "

And what is this "verbal contract for '2000'" all about. You haven't identified any features of a contract verbal or written. You haven't even disclosed how much money said "friend" entrusted to you. Nor have you explained the purpose of the "4400" check. If it indeed was tendered to repay her whatever she was owed, why haven't you provided details?

Also, how do you intend to refute in court that she is in possession of text messages from you admitting that you owe her money when you have failed to deny it here?

You can dress to the hilts for court, but the story you have provided here isn't going to wash.
 

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