Verbal Agreement with Debit Withdrawal Proof, young college girl needs help

[bd420]

What is the name of your state?
MI

I helped my ex-bf's mother with a payment for a utility that she claimed she desparately needed. The amount was for $415, we had a verbal agreement that I'd be repaid in full 2 days after the money was given.

It's been six weeks, and I've only received $100, and I'm beyond growing impatient.

I have internet bank account access that verifies the funds were sent and received electronically to the exact utility the money was meant for, for the exact amount loaned out. I also have past emails from the mom stating that she has the money, and she will be paying me back at such and such time, etc. I also have the mom's account number for the utility company in which the payment was made.

At this point, I'm looking into small claims court, other than the fact the amount is only $315, this is significant for a college student such as myself.

Beyond the he-said, she-said, do I have more of a case based on the details I've provided?

Thanks,

bd

 

[Dandy Don]

Where do people get the idea that verbal agreements mean anything? Next time you loan money out to someone, get something in writing. But by all means go ahead to small claims court and get your judgment. Or save yourself all that time and trouble and get a repayment agreement in writing now--is this person working?

 

[hazeysky]

I am new to this forum. I must agree. At least give small claims a try, what have you got to loose.

 

[Or Not]

Printed copies of the emails regarding the debt will go a long way toward proving your case on the "he said/she said" issue, especially if it references when she would pay you back. (Emails alone may not be sufficient.)

I'm uncertain of recording laws in your state but consider looking into that and recording a phone call where the debt is discussed, this could potentially help as well.

Small claims court is designed things like this.

 

[bd420]

Yes, this person is working...

As stated, could the fact that I've received one payment for $100 from the mom, be construed as proof that the original agreement was made, if it came down to a battle of words? I would think it would be hard for her to claim as a defense that there was no agreement and then explain why she paid me some money?

Since she works, she is collectible, therefore when I pay for the claim filing, I no longer see the advantage of settling for an offer out of court when I will have the leverage of getting my fiiing and court fees back too in a judgement(I'm assuming she wouldn't want to pay this either.).

In regards to "Where do people get the idea that verbal agreements mean anything". That's a damn good question! To answer your question:

I would say the idea spawns from the fact that people consent to verbal agreements on a daily basis throughout life, and there is a certain standard set by those we make the agreements with to live up to them, otherwise you become labeled as someone that is not reliable, and you become somewhat blackballed in the inclusion process from that time onward. Most people don't desire that stereotype, therefore a lot of verbal agreements actually mean something to people in that sense, which leads to compliance in many cases. I have friends that rarely break even the most arbitrary verbal agreements for just that reason.

There, how'd I do?

In regards to "Next time you loan money out to someone, get something in writing.", I realize or would hope that most Sig O's parents don't ask for money, but in the event that they do, I don't think asking them to put it in writing is gonna strengthen the overall fabric of the relationship, know what I mean?

Thanks!