verbal loan agreement

[Duggs]

I am from Iowa.

Here is the situation. I lent my ex-boyfriend(boyfriend at the time) $400 so that he could make a rent payment. There was no written contract between us, only verbal that he would repay me. I have the carbon copy of the check i wrote, a letter that i wrote him in january asking for some of the money he owed me and another letter written to his parents in january seeing if they could do anything for me. I am wondering if anyone knows if I have a legal angle to persue here. I have tried everything that I can think of. Would i be able to take him to small claims court and defend myself and have a shot? Thanks a lot.....Duggs

 

[JETX]

Let me answer in two steps...

1) Yes, you have every right to take him (or anyone else) to court.

2) The real question is will you 'win'. That is based entirely on the proof that you can offer showing: (a) that he received the money from you (copy of check and bank statement showing check clearing should do this), and (b) that the money he received WAS IN FACT a loan. The second part is much harder to prove. Do you have ANYTHING from him that will confirm that this was a loan?? (Naturally, he will say that it was a 'gift', since you were so infatuated with him.). If you don't have sufficient proof, you might try to 'bolser your case'. Send him a (certified RRR) demand letter. Detail your loan to him (amount, date, check #, etc) and summarize any statements he might have made confirming the loan ("I will pay you, really!"). Close with something like, "If you contend that this was NOT a loan, contact me in writing within 7 days from receipt of this letter."

Then, if he doesn't respond or confirms, you have at least SOME documentation that you might present to the court that MIGHT support your claim. If he denies, you at least know what his claim is going to be.