What is the name of your state (only U.S. law)? ny
I wrote a $300 check to a friend to help me get some concert tickets (we verbally agreed that if she doesn't get the tickets she'd give the money back), she tried really hard to get them. She spent a lot of time but ultimately the tickets were sold out. I felt bad she spent so much time so I emailed her telling her she can deposit my check. I was thinking that in case anything comes up in the future we could use this toward future tickets, although I forgot to say this in the email (I guess because I trusted a reasonable person to know I wasn't just letting her keep the money for "free") so that it just seems like I want her to keep the money for no reason. We went to the same school and I knew she was trustworthy, although I didn't know her that well, but she was like the only one I knew that had access to this concert venue and had enough time to try to get them.
Then a few days later I decided it wasn't a good idea to tell her to cash my check because I had some last minute bills to pay off. I felt bad about changing my mind but I told her after she had already cashed the check that I needed the money for some bills, and she said she'd return it but she hasn't yet. She said she thought I told her she could keep it, and she already used the money. Am I allowed to claim it back legally if she doesn't return it?
Because the last documented communication is an email I wrote her giving her permission to cash my check (which was stupid, I know), so she did, and I don't have proof of any of our agreements which were all done verbally. But the "services" that money was for was not ever received - i.e., getting the tickets. And I didn't ask for my money back until she had already cashed the check.
I wrote a $300 check to a friend to help me get some concert tickets (we verbally agreed that if she doesn't get the tickets she'd give the money back), she tried really hard to get them. She spent a lot of time but ultimately the tickets were sold out. I felt bad she spent so much time so I emailed her telling her she can deposit my check. I was thinking that in case anything comes up in the future we could use this toward future tickets, although I forgot to say this in the email (I guess because I trusted a reasonable person to know I wasn't just letting her keep the money for "free") so that it just seems like I want her to keep the money for no reason. We went to the same school and I knew she was trustworthy, although I didn't know her that well, but she was like the only one I knew that had access to this concert venue and had enough time to try to get them.
Then a few days later I decided it wasn't a good idea to tell her to cash my check because I had some last minute bills to pay off. I felt bad about changing my mind but I told her after she had already cashed the check that I needed the money for some bills, and she said she'd return it but she hasn't yet. She said she thought I told her she could keep it, and she already used the money. Am I allowed to claim it back legally if she doesn't return it?
Because the last documented communication is an email I wrote her giving her permission to cash my check (which was stupid, I know), so she did, and I don't have proof of any of our agreements which were all done verbally. But the "services" that money was for was not ever received - i.e., getting the tickets. And I didn't ask for my money back until she had already cashed the check.
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