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Verbal Loan - Other Party Refusing to Pay Balance of Debt

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  • 11-20-2010, 10:01 PM
    music89man
    Verbal Loan - Other Party Refusing to Pay Balance of Debt
    My question involves collection proceedings in the State of: Massachusetts

    I loaned my ex-girlfriend 800$ to buy a car a year and a half ago. Now, after only giving me 200$, she is deciding she doesn't want to pay me the remaining 600. I have a bank statement showing the 800$ withdrawal on the date the car was purchased. Both my parents were aware of the agreement for her to repay me but no date was specified. After a year and a half though I think it's time for her to give me the money. Do I have a valid case given these circumstances?
  • 11-21-2010, 06:08 AM
    cyjeff
    Re: Verbal Loan - Other Party Refusing to Pay Balance of Debt
    Did your parents witness the transaction detailing where the money was a loan or is their knowledge of the agreement based solely upon your account?

    In other words, you need more than "I told other people it was a loan."

    Now, you sue her in small claims court. A verbal contract is a valid contract type but is difficult to prove. The strongest part of your case is that she paid you back $200... which shows that she knew she had to pay it back.

    Leave your parents at home.
  • 11-22-2010, 12:33 PM
    music89man
    Re: Verbal Loan - Other Party Refusing to Pay Balance of Debt
    Ok I see how that would make sense which brought about am amazing idea. I had been fighting with her via text messages about the loan where i said "Good so just pay me bak! I loaned you almost a grand out of my heart and you don't give a shit... thats so aweful..." her response was this "Yeah well your the one who was aweful to me. And when I gave it to me there wasn't a set time to give it back by. Becuase you know i pay bills and shit."

    Those were the exact messages. When she says "when i gave it to me" she meant to type "when u gave it to me".

    Does this series of texts prove that there was a loan that she isn't repaying? And would this be enough evidence to secure a win along with my bank statement showing the withdrawal and such? Im sure i could get more texts providing evidence to support my case.
  • 11-22-2010, 12:58 PM
    jk
    Re: Verbal Loan - Other Party Refusing to Pay Balance of Debt
    it will surely help. If there was other loans or such, it is not definitive it refers to the car loan but barring a really good argument on her part, it supports your position well.

    The bigger problem is: with no set time to pay it back, it is difficult to show a breach of contract. While Judge Judy isn't my favorite person, she will run through a lot of cases such as this where the agreement was that is be paid back "when I can" or some other ambiguous term. She will look at the defendant and ask "can you pay it back at this time?". The answer is generally "no". She then rules that the contract wasn't breached because the conditions agreed to to require the repayment haven't occurred yet. Now, that is meant more as an explanation than what will happen. It is to show that little things such as that can cause you to lose your case and the judge has a lot of discretion in their decisions.

    In your situation, she hasn't denied liability. She has basically used that same reasoning though. You will have to overcome that argument.
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