Do I have cause?

[caligirl7]

What is the name of your state (only U.S. law)? California

In the past year and a half I was in a relationship with someone in San Diego County...I am in Los Angeles County...This person had frequent money problems due to poor descisions that they made. I lent approx. 6000.00 over the course of the relationship for various things...rent, car payments, gas bills, all of which I have receipts for in the form of banking statements. I do not, however, have anything signed which states that this person admits that I lent the money and intends to pay me back. I am no longer in the relationship and as I have been out of work for nearly a year and the person to whom I lent the money has a very well paying job...I want the money back. It was not a gift, we never lived together...do you think a judge would rule in my favor? Would I have to file in my county or theirs?

 

[sandyclaus]

Cali:

Yes you probably have a case. But having one and proving it in court are two entirely different things. It's that proof you're lacking, which would most likely prevent you from winning your case.

Your only chance to win rests entirely on getting that other person to admit that you gave him that money and not claiming it was a gift. If you have no IOU, objective eyewitnesses, or something in writing saying that he was going to pay you back, the judge would be less likely to rule in your favor.

I operate on the rule that "if it isn't in writing, it didn't happen", and the courts follow this rule frequently. Unless you can somehow get an admission or other solid evidence thatit was a loan and not a gift before filing a case, you'd probably be better off chalking this one up to a learning experience and walking away.

 

[CourtClerk]

You have no case. You didn't lend them the money, you gave it to them...

After the first "loan", how much was repaid before you made the second "loan?"

What was the time frame and amount in which these "loans" needed to be paid?

Has this person ever acknowledged to you in writing that these were loans and he was willing to pay you back?

I won't even ask you for the promissory note, because you've already admitted there wasn't one.

See, silly girls do silly things with their money. Then they learn $6000 lessons.

 

[Antigone*]

What is the name of your state (only U.S. law)? California

In the past year and a half I was in a relationship with someone in San Diego County...I am in Los Angeles County...This person had frequent money problems due to poor descisions that they made. I lent approx. 6000.00 over the course of the relationship for various things...rent, car payments, gas bills, all of which I have receipts for in the form of banking statements. I do not, however, have anything signed which states that this person admits that I lent the money and intends to pay me back. I am no longer in the relationship and as I have been out of work for nearly a year and the person to whom I lent the money has a very well paying job...I want the money back. It was not a gift, we never lived together...do you think a judge would rule in my favor? Would I have to file in my county or theirs?

I have to agree with CC. You will not be able to prove these are loans. It has the smell of boyfriend/girlfriend money going back and forth ~ it is an all-too-common, poorly fought and often lost battle.

...your "receipts" worthless. It only means that money left your account.

Expensive lesson to learn.