Unpaid loans to a friend

[sarakim]

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. 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.

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).

So 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.

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 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.

 

[JETX]

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.

And with that, absent SUBSTANTIAL evidence that they were in fact loans.... your claim is very likely DOA!!

I have bank and VISA statements for all loans as well as copies of the peronal checks that I wrote to her.

And they prove nothing as to the claim of them being loans. Without anything to the contrary, very likely (with her witnesses) that the court will agree that they were NOT loans.

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.

And with that... the court will very likely agree that the emails, etc. were referring to the affirmed loans.... and not to your new claims.

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.

Yep. Go to the court and file a motion to dismiss. Then, forget about this and move on.

 

[seniorjudge]

Yep. Go to the court and file a motion to dismiss. Then, forget about this and move on.

I disagree with this part.

Go to court.

Tell your story.

Let the judge decide.

Although I agree wholeheartedly with JETX in the rest of his post.

You have to remember that your story is one of the most common in small claims: a relationship gone bad and then all of a sudden you recall that it was not a gift but a loan.