ANSWERS: 5
  • A verbal contract isn't worth the paper it is written on. Well, actually and legally a verbal contract is as binding as a written one. So any and all criminal/civil charges are the same. IF (and this is an important IF) you can get the other party to agree that there was a verbal contract and that the terms of that contract are the same as the ones you say they are. And if some scofflaw won't pay you back, do you really expect them to do that? That's why its best to write it down and sign it, notarized and signed copies to all parties. The verbal contract needs to be specific as to amounts and dates. " Yeah, I'll pay back just as soon as I have the money." Judge asks "Do you have the money?" Jerk sez "No." " I'll pay ya back as soon as my inheritance comes thru." " I didn't inherit nuffin, your honor." Failing the written document you need witnesses, the more the better, who were actually there and heard the original verbal agreement, if the creep admits the witness was there at the time. Not just somebody you told about it away from the scumbag. If you tell a witness that you have loaned your best friend a certain amount due on a certain date, while the best friend is right there hearing it, and did not dispute the claim at that time, or if you tell the witness and at some other time and the best friend also tells the witness the same thing at some other time, then you got a case. If the scumbag will admit that he did tell the witness that. Mebbee there is a witness to what the witness heard. Failing actual witnesses, you need some documentation. A canceled check, a money order, a record of a bank withdrawal, a witness that went with you to cash a check, sumpin. The piece of dirt claims it was a gift (Next time write "Loan" on the memo line, on the back at the top write, " By endorsing this check, I acknowledge that this a loan.") A witness that heard the lowlife say he'd pay you back. Documents such as e-mails, letters, notes, anything where the backstabber sez he'll pay you back, or acknowledges the debt. Even a thank you for LOANING me the money.. Got an answering machine? Recordings of the little piece of uhhhh, I THINK most states allow answering machine messages, as the person leaving the message knows he is being recorded. Got a small tape recorder? Here in the great sovereign state of Texas, taped conversations, in person or phoned, are allowed as long as ONE of the people involved knows it is being taped. Maybe not phones. I think. Your state may have other rules. In some states the courts may not allow a secretly taped message but not prohibit your playing it for other people, like the idiots friends, to hear. BUT in some states that is a way bad crime. Failing all that, all you can do is sue the bastard, or bitch, gotta be PC, and hope you get a judge that can read character and spot the lie. And in that case you gotta make sure you aren't guilty of usury. Cause if you violated the law the judge will toss your case and in some states make you pay a fine. Usury is usually ( heh) just charging too much interest, sometimes it includes demanding payment too soon. So if it does get to court don't charge any interest, or at least a bare minimum, regardless of what the original agreement was. You will usually get your court costs back if you can prove that you made good faith efforts to collect the debt. So send a registered letter asking for your money back, keep the receipt. Then sue. Speakin of that usury thing, you'd be surprised how often some dolt blurts out "I didn't pay her back cause she wanted too much interest!" Another great defense that backfires, which usually winds up bein' a counter claim is "harassment " " I dint pay him back cause he was harrassin me, callin me ten times a day." Judge sez, "About what? " Payin him back." Judge sez, 'If you'd paid him back he wouldn't a called you. If ya didn't owe him ya woulda called the cops, by at least the third time he called." I think. I am not a lawyer but I play one on TV, at least the TV in my mind which gets lousy reception. And TV is where I passed the bar (which is not something I am known for doing). I mean on Peoples Court they got a Judge who used to be a model and posed for pics the like of which we don't speak of here on the Bag. I aspire to someday be called up B4 Judge Judy, found guilty, and be sentenced to approach the bench, bend over, and receive a severe judicial repremand.But that would be a perversion of justice.
  • For a verbal loan to be valid, at least one other uninterested party, should have heard the agreement, between you two, at the very beginning. this is very important. people use verbal agreements everyday. but, its much safer for the agreement or contract, to be in writing. this way, there is no misunderstanding of the agreed upon facts. this is strictly a civil matter. contact an attorney.
  • You can sue for breach of contract in small claims court if the amount is not over (check your state) amount.
  • None in civil court but you can sue for the money. Hopefully the amount of the loan is not more than you can sue for in small claims court (check on line for your state). The court costs for small claims court are very low and no attorneys are used. The concern about a verbal contract is that the borrower might simply say no money was ever borrowed. That would require the lender to provide some kind of proof (like a canceled check) however most people will not blatantly lie like that in court. Lying in court is too intimidating. They are far more likely to admit there was a loan but attempt a defense such as there was no written contract (not a viable defense) or that the money was a gift. The gift defense may require the borrower to provide some evidence to that effect. A judge is much less likely to accept a gift defense unless there is some evidence to support that.

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