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if you make a good faith loan to a friend and now they ...


Sent to Legal Experts July 24, 2007 4:09 p.m.

if you make a good faith loan to a friend and now they don't want to pay it back is there any legal action that can be taken

Optional Information:
buffalo, New York

Customer (name blocked for privacy)
Status: Closed   Value: $30   
Info Request
July 24, 2007 4:10 p.m. (1 minute and 21 seconds later)

was there a written or verbal agreement. How much was the loan for. Do you have any records to show any payments.



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Info Request
July 24, 2007 4:22 p.m. (11 minutes and 43 seconds later)

If you can provide the requested info I can then further assist you.

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Reply
Sent July 24, 2007 4:38 p.m. (16 minutes and 46 seconds later)

It was a verbal agreement it was for 30,000.00 I only have my hand written notebook with payments made subtracted from total
Customer (name blocked for privacy)
Answer
July 24, 2007 6:50 p.m. (2 hours and 11 minutes later)
ACCEPTED Check Mark

Dear Customer (name blocked for privacy),

Although proving a verbal agreement is more difficult becauase there is no writing that can be easily shown to the court, that does not mean you cannot still file a suit for a judgment on the unpaid amount.

You can use the statements from your bank accounts, your written notebooks, any comments from friends of yours that know what happened, any copies of deposits made by your "friend," etc., to show proof that there was an amount of money given by you to this "friend" and that they did make some kind of payments to you. Because your loan amount of $30,000 was significant, you will not be able to file in small claims court - but you can file in other NY courts.

The NY courts have a system called "Court Help" that provides information, even forms, for people who are interested in filing their own claims, without the use of an attorney. You can obtain information about this from http://www.courts.state.ny.us/courthelp/index.html

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PictureJane T (LLC)  -- Lawyer (JD) -- 100% Positive Feedback on 2040 Legal Accepts
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