Can I take him to small claims?

[nolimit]

What is the name of your state? Minnesota.
My ex bf and I had a verbal agreement. I loaned him $5000 and he agreed to pay me back at least $400 per month. He paid me $500 in the month of September but has not paid me anything since. I have attempted to get ahold of him by email and phone but no response. Do I have a case to take him to small claims court? Even though we had only a verbal agreement? Thank you.

 

[JETX]

Do I have a case to take him to small claims court?

Of course you can file a lawsuit against him. After all, anyone can sue almost anyone else over almost anything. However, the problem you will have is in proving that money was given (do you have a copy of a check or bank withdrawal) and that it was a loan and not a gift (can you PROVE the September payment was against the loan?).

Any chance of success in court will depend on your ability to prove both of the above.

 

[nolimit]

I have a copy of his checks and in the memo part he wrote "for loan". Will that be proof enough?

 

[BL]

I have a copy of his checks and in the memo part he wrote "for loan". Will that be proof enough?

For all the court would know, the last check could be the final payment on a loan, from what you posted. Refer back to what JetX posted.

A bank account withdraw statement or some document backing up your claim that you loaned him the amount you stated would help you out .

And yes copies of those checks too.

 

[JETX]

I have a copy of his checks and in the memo part he wrote "for loan". Will that be proof enough?

It could be used to support your claim that there was at least SOME type of loan repayment agreement. Whether it would be sufficient or not is ENTIRELY up to the courts discretion.