Loaned $1500 with verbal agreement

[Apugliese92]

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

A year ago, my ex got arrested for Aggravated DWI. I took $1500 out of my savings account to pay for her lawyer. When I gave her the money she agreed to pay me back. She has not paid me anything towards it. We just broke up a month ago and I know if I do not sue her, I will never see my money back.

My question is do I have a chance of winning if all I have is my word against hers? I can find my bank statement showing I withdrew the money between the time she was arrested, to the time of her final court date.

 

[Zigner]

There is no way we can predict your odds of winning. Small claims court is cheap. It will really come down to who is more believable.

From where I stand, it seems to me like it could just as easily have been a gift for your girlfriend that you want to turn in to a loan now that she's your ex.

 

[tranquility]

The hard part here will not be so much there was a transfer of money, but that it was a loan and not a gift.

Reading edit:
What Zigner said.

 

[quincy]

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

A year ago, my ex got arrested for Aggravated DWI. I took $1500 out of my savings account to pay for her lawyer. When I gave her the money she agreed to pay me back. She has not paid me anything towards it. We just broke up a month ago and I know if I do not sue her, I will never see my money back.

My question is do I have a chance of winning if all I have is my word against hers? I can find my bank statement showing I withdrew the money between the time she was arrested, to the time of her final court date.

Yes, you have a chance of winning if all you have is your word against hers. How BIG of a chance is a question mark.

Oral agreements, while they can be legally binding, are tough to prove and, because you broke up with your girlfriend after giving her the $1500, a court could very well think the money was a gift to your at-the-time girlfriend and not a loan - and that you are only seeking a return of the money now because your relationship ended. It can come down to who is more believable.

The fact that you withdrew money is not proof that the money was a loan, by the way.

Although I think you might be smart to chalk it up as a lesson learned - do not give money to anyone without a signed, written agreement or with the understanding that you may never see the money again - you can sue her and see what a court thinks.

Oops - reading edit for me, too: What Zigner and tranquility said.

 

[Apugliese92]

I was afraid that the bank statement wouldn't be enough.

It also doesn't help that I gave her the money in cash and not a check, at least with a check there would be the proof that she received it.

How do people go about proving these loans were not gifts?

 

[Zigner]

I was afraid that the bank statement wouldn't be enough.

It also doesn't help that I gave her the money in cash and not a check, at least with a check there would be the proof that she received it.

How do people go about proving these loans were not gifts?

I don't think there is going to be a question of her receiving it.

People go about proving a loan vs a gift by having something in writing.

 

[quincy]

Witnesses to the agreement can also help.

 

[Ohiogal]

Two words: Judge. Judy.

 

[Zigner]

Two words: Judge. Judy.

I am always amazed that people actually agree to be on those shows.

 

[Ohiogal]

I am always amazed that people actually agree to be on those shows.

Yeah well... my local small claims court is one of the places farmed for cases. As are several small claims in the area. *hangs her head in shame* I keep watching thinking I will see a client on one of these shows.

 

[Zigner]

Yeah well... my local small claims court is one of the places farmed for cases. As are several small claims in the area. *hangs her head in shame* I keep watching thinking I will see a client on one of these shows.

For my child custody case for my youngest, I was asked to be on a show in development, similar to Divorce Court. Yeah, my situation would have fit in, but, HELL NO. Sheesh.

 

[tranquility]

I am always amazed that people actually agree to be on those shows.

The parties get an appearance fee and any award is paid by the show. Winner is guaranteed the money immediately and the loser does not have to pay. And, as long as they spell you name right, some might feel any publicity is better than nothing.

Now, when the Springer producers come callin'....

 

[Zigner]

The parties get an appearance fee and any award is paid by the show. Winner is guaranteed the money immediately and the loser does not have to pay. And, as long as they spell you name right, some might feel any publicity is better than nothing.

Now, when the Springer producers come callin'....

The show that was in touch with me was planned to be closer to Springer than Judge Judy

 

[Apugliese92]

Thanks for the responses. Hopefully a demand letter will scare her into making a written contract with me

 

[Zigner]

Thanks for the responses. Hopefully a demand letter will scare her into making a written contract with me

How much of an attempt have you made at collecting over the last year?