What is the name of your state?What is the name of your state?What is the name of your state? California
Where to start.
I first loaned a friend (also in California) who was in great financial need $500 in the form of a personal check of which I have a copy of. There was no written contract but she did agree to pay me back when she had the money. I went on to loan her $5000.00 with a written contract. I then loaned her various amounts like $300 cash, $250 in the form of a check and $150 for a music concert, $100 for a plane ticket etc. None of this loans had any written contract.
I then combined all the smaller loans into the $5000.00 loan that she was making agreed upon monthly payments. I made her aware of this action and have emails verifying this.
During a part of our friendship, I was quite generous to her, as well as her friends and family. I made many purchases of food, alcohol, clothing, CDs etc that I gave as gifts.
She missed many of her monthly payments but I continued to give her chances, though I also continued to demand my money.
At one point our friendship went sour, mainly by my choice and there were many hard feelings on her side that I have proof to prove this fact (emails).
I made one last attempt to get my money back by contacting her via email, as well as a phone call to her father in hopes that he could help. This led nowhere and I filed a small claims suit against her.
She has since repaid me for the reminding portion $5000.00 loan that had the written contract, but is refusing to pay the other amounts claiming that they were gifts. I have tried to settle the matter with her, but she is unwilling to compromise.
She is going to have friends and her father as witnesses testifying that I was quite generous to her and that the amounts were gifts that I wanted her to have. As well, they will likely testify that I was in love with her and why I wanted to give her things and spoil her. ( I will not be denying that I have feeling for her, but that does not dismiss the fact that I loaned her a lot of money!)
I have bank and VISA statements for all loans as well as copies of the peronal checks that I wrote to her. I have emails from her in which she states that she owes me money, but she does not specify what the loan was for or for how much it is.
I was wondering if anyone has any suggestions as to my success in this case or any advice as to how to prepare my case for trial.
Thank you very much.
Sara
Where to start.
I first loaned a friend (also in California) who was in great financial need $500 in the form of a personal check of which I have a copy of. There was no written contract but she did agree to pay me back when she had the money. I went on to loan her $5000.00 with a written contract. I then loaned her various amounts like $300 cash, $250 in the form of a check and $150 for a music concert, $100 for a plane ticket etc. None of this loans had any written contract.
I then combined all the smaller loans into the $5000.00 loan that she was making agreed upon monthly payments. I made her aware of this action and have emails verifying this.
During a part of our friendship, I was quite generous to her, as well as her friends and family. I made many purchases of food, alcohol, clothing, CDs etc that I gave as gifts.
She missed many of her monthly payments but I continued to give her chances, though I also continued to demand my money.
At one point our friendship went sour, mainly by my choice and there were many hard feelings on her side that I have proof to prove this fact (emails).
I made one last attempt to get my money back by contacting her via email, as well as a phone call to her father in hopes that he could help. This led nowhere and I filed a small claims suit against her.
She has since repaid me for the reminding portion $5000.00 loan that had the written contract, but is refusing to pay the other amounts claiming that they were gifts. I have tried to settle the matter with her, but she is unwilling to compromise.
She is going to have friends and her father as witnesses testifying that I was quite generous to her and that the amounts were gifts that I wanted her to have. As well, they will likely testify that I was in love with her and why I wanted to give her things and spoil her. ( I will not be denying that I have feeling for her, but that does not dismiss the fact that I loaned her a lot of money!)
I have bank and VISA statements for all loans as well as copies of the peronal checks that I wrote to her. I have emails from her in which she states that she owes me money, but she does not specify what the loan was for or for how much it is.
I was wondering if anyone has any suggestions as to my success in this case or any advice as to how to prepare my case for trial.
Thank you very much.
Sara