loan repayment

[chris_2401]

I would like to know if I have enough evidence for a small claims case. About a year and a half ago my mom’s boyfriend borrowed about 1200 dollars from me on different occasions. He then borrowed an additional 235 dollars. My mom and him are no longer together and she was not aware of the loans. He used the money for his car payments and rent payment and small purchases. I have all the bank records for the withdrawals and bank records for the purchases. He gave me some tools and a VCR which I was told would not be for the payment of the loans and I would gladly give the stuff back for my money. I also have two shares worth over 200 dollars in his name given to me as collateral which I might be able to use as evidence. There is no written agreement, only a verbal contract with the bank records and shares. I was able to give him the money as I inherited a sum of money that was to be used at my discretion but mainly for school. I would like to know if I have sufficient evidence for a small claims hearing. Please ask any questions for further clarity. I am from New York.

Thank you for the help.

 

[djohnson]

This is your word against his. If all you have is where you took money out of your account and not even cancelled checks, you can't even show you gave him money, so loaning would definitely be out.

 

[JETX]

I would like to know if I have enough evidence for a small claims case. About a year and a half ago my mom’s boyfriend borrowed about 1200 dollars from me on different occasions. He then borrowed an additional 235 dollars. My mom and him are no longer together and she was not aware of the loans. He used the money for his car payments and rent payment and small purchases. I have all the bank records for the withdrawals and bank records for the purchases. He gave me some tools and a VCR which I was told would not be for the payment of the loans and I would gladly give the stuff back for my money. I also have two shares worth over 200 dollars in his name given to me as collateral which I might be able to use as evidence. There is no written agreement, only a verbal contract with the bank records and shares. I was able to give him the money as I inherited a sum of money that was to be used at my discretion but mainly for school. I would like to know if I have sufficient evidence for a small claims hearing. Please ask any questions for further clarity. I am from New York.

Actually, there is no way for any of us to try to guess whether your evidence is sufficient to show that there was an agreement to repay you (and that your 'funds' weren't gifts). However, based on your post and the fact that this was your mothers boyfriend (presumably without any other relationship to you), it is my OPINION, that a reasonable court would decide that the money was a loan and not a gift.
One other thing you might consider doing to help bolster your case is to send the 'debtor' a very nice letter (certified RRR) detailing EACH loan (amount, date, purpose, etc.) and that they were in fact LOANS and not gifts. Include any promises he might have made to repay you and a demand for payment within 10 days. Close with something like: "If you disagree that these were loans, please advise in WRITING within 10 days".

Then, if he doesn't pay or respond, take your copy of that letter and proof of delivery to court.

 

[chris_2401]

That is good advice. Thank you. I am still unclear whether or not the judge will be able to determine if the loans were actually made and not just my word against his. I actually remember when I used my credit card to get him a storage unit. I signed the credit card receipt and the receipt from the rental unit. He signed the receipt from the rental unit. He then paid me back the amount which was deposited into my bank account on that day. Would that evidence show that he had borrowed money in the past and give my side legitimacy. There are more cash loans that are much bigger with only bank records. But the fact that he borrowed money on one occasion shows that he was inclined to borrow on other occasions.

 

[djohnson]

His argument could be that he didn't borrow that money, that you had your credit card with you and offered to pay because of bonus points or any other crazy thing. He gave you the cash right there, it's not his fault you didn't deposit it immediately or you pocketed it and just made a deposit for that amount later. You were doing this stuff for your mom etc etc.

There is always a chance, just a slim one in my opinion in your case. Nothing was ever said or done until after his relationship with your mom was over and now you are trying to make him 'pay' anyway you can. It happens a lot in court and the judges are use to seeing people that will lie in order to just hurt the other person.