What kind of evidence is acceptable?

[Libra 35]

Hi,from Florida. Am considering suing an ex for car down for several thousand dollars, mainly in car payments. Some of them date back to 1994.(we just split and I was way too patient). Anyway the bank only has records of copied checks back 5 years. I have a bank ledger with dates, check numbers and payee info, my own personal records, but as the bank cant back me up is it worth claiming it? I have been told I can get copies of checks from 1997/1998 from the bank, is that enough or would I need proof from the car place that the car was in his name only? Would a judge even consider a claim from 1994? Can I subpenea records from the car place? A friend of his ran it at the time and they might not be all that helpful. I only have one reciept and acknowlegement of a loan signed by him. Would hate to lose, never done this before and just want to be as prepared as possible. He has denied owing me everything and says he has paid me cash, not true and he has no reciepts. What are my chances? Worth the hassle or not. All advice appreciated.

 

[No lo wanna go]

First and foremost, what do you have in writing that says he owes? Did he sign for a loan? Did you?

Who has the car?

You say "ex", are you divorced? If so, what does your divorce decree say?

If you are talking about an ex boyfriend, you are going to have a tough time proving he owes you if you don't have something in writing. You will have to convince the judge you had an agreement that he would repay you this money (an agreement as in BOTH parties concur...not just what you told him he had to do).

If you prove there was an agreement, and you have to show who paid for what, yeah, you need all the evidence you can get. The fact that the bank can't/won't provide records doesn't mean squat to a judge. You have the burden of proof!

 

[Libra 35]

I have atyped agreement stating that he was being given $800 as a loan to pay off a credit card and he agrees to repay by a certain date, long expired. No divorce. The rest is 2 down payments and $600 dolars in car payments made by me for his cars (which he has) bwhile he was unemployed. I have nothing in writing though but as it came to several thousand dollars and as I am not indendently weathly, he did agree it would be paid back, but never has.

 

[JETX]

Though you haven't provided sufficient details to get an 'absolute' answer, I offer the following:

Q1) "I have atyped agreement stating that he was being given $800 as a loan to pay off a credit card and he agrees to repay by a certain date, long expired."
A1) "Long expired". How long?? The statute of limitations could have tolled on your claim making it invalid. Assuming that this typed agreement includes specific terms of repayment and was signed by both parties AND the sol hasn't tolled, you may be able to recover this loan (plus interest if included in the agreement).

Q2) "The rest is 2 down payments and $600 dolars in car payments made by me for his cars (which he has) bwhile he was unemployed. I have nothing in writing though but as it came to several thousand dollars and as I am not indendently weathly, he did agree it would be paid back, but never has."
A2) Your big problem here is that your agreement (if there was one) was verbal and you have no proof. So, how will you counter his claim of "Your honor, I never received those funds" and even if he did, he can claim "Your Honor, those funds were gifts and there was never any agreement for reimbursement".

All in all, your claim for the down payments and the $600 sounds very weak.