Ex-girlfriend won't pay me back a loan

[mmckenzie]

i live in kansas and two years ago my ex-girlfriend called me on the phone crying and basically begging me to loan her some money that she desperately needed. i sent her a check for $500.00 and she called me when she received the check promising me she would pay me back withing a couple of months. she has not paid me back and the only proof i have is a carbon copy of the check that i wrote to her and her father and i had a discussion the week after i sent her the check and he is aware of the loan. can i collect the money that she owes me in small claims court?

 

[I AM ALWAYS LIABLE]

i live in kansas and two years ago my ex-girlfriend called me on the phone crying and basically begging me to loan her some money that she desperately needed. i sent her a check for $500.00 and she called me when she received the check promising me she would pay me back withing a couple of months. she has not paid me back and the only proof i have is a carbon copy of the check that i wrote to her and her father and i had a discussion the week after i sent her the check and he is aware of the loan. can i collect the money that she owes me in small claims court?

My response:

Your bank has the original check, with your girlfriend's endorsement on the back. Pay for a certified copy. You'll need it for court if that's what you decide to do.

Now, did you write "Loan" in the Memo portion of the check ?
If so, you have 5 years from the date of the check within which to enforce payment of the loan, via Small Claims lawsuit.

If you didn't write "Loan" on the check, your girlfriend's defense will be that you sent the money to her as a "gift".

IAAL