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golf takes precedence over court?

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TNSquire1980

Junior Member
What is the name of your state (only U.S. law)? Tennessee

I have filed a suit in small claims court against a former girlfriend who owes me a considerable amount of money and refuses to repay it. I filed suit based on her promises to repay me when she got paid. I sent a demand letter but got no response so I filed suit in small claims court for breach of oral contract. Our case was continued at her request and the hearing was rescheduled for today however she asked for a continuance again. When the judge asked her attorney why we couldn't hear the case today her attorney stated she had a prior commitment. That commitment was playing in a golf tournament in Murfreesboro which I made sure the judge knew. Should that have been an acceptable excuse? She isn't taking this seriously and it is to me. She plays golf weekly and can afford an attorney but refuses to pay me back for the bills I paid for her.
 


swalsh411

Senior Member
It's just her way of reminding you who still wears the pants in your relationship.

Also, I hope you are prepared to lose if the only thing you have is an alleged oral contract. She may claim it was a gift.
 

TNSquire1980

Junior Member
I'm prepared to lose but she has a history of not paying her bills which might help. It's the principle of the matter that she won't give a reason why she refuses to repay, especially when she borrowed $1,500 to pay her property taxes then broke off all communications. She is well aware of my financial situation & while I agree she can say it was a gift its a "he said/she said" situation and that isn't the case. She has hired an attorney in addition to paying golf weekly so she can obviously repay my kindness but refuses to do so
 

swalsh411

Senior Member
Bottom line: If you can't prove it was a loan, and she claims it was a gift, then your case is extremely weak and I don't think you have much chance of winning. You shouldn't ever loan money to people you can't afford to lose.
 

latigo

Senior Member
I'm prepared to lose but she has a history of not paying her bills which might help. It's the principle of the matter that she won't give a reason why she refuses to repay, especially when she borrowed $1,500 to pay her property taxes then broke off all communications. She is well aware of my financial situation & while I agree she can say it was a gift its a "he said/she said" situation and that isn't the case. She has hired an attorney in addition to paying golf weekly so she can obviously repay my kindness but refuses to do so
. . . .I don't think you have much chance of winning. .
Please don't be discouraged by naysayers.

Of course you must prove the elements of a loan. But if she intends to defend on the theory that the money was not loaned but gifted, her burden of proof is much greater than your burden of proving that she borrowed the money.

If you wish me to explain how this difference in the respective levels of proof will be to your advantage in the course of a trial, say so.
 

TNSquire1980

Junior Member
would be very appreciative of your opinion. It's amazing she can afford to play golf & get an attorney but not pay me what is owed
 

TNSquire1980

Junior Member
"Please don't be discouraged by naysayers.

Of course you must prove the elements of a loan. But if she intends to defend on the theory that the money was not loaned but gifted, her burden of proof is much greater than your burden of proving that she borrowed the money.

If you wish me to explain how this difference in the respective levels of proof will be to your advantage in the course of a trial, say so."

Would be appreciative of any advantages given; I'll have to hire an attorney now for a small claims suit that could've been handled without one, in my opinion.
 

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