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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7406
Experience:  Experienced Family Law Attorney
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Quot;I borrowed money from an ex-coworker amount of $1500 -

Customer Question

quot;I borrowed money from an ex-coworker for the amount of $1500 - $2000 back in 2012/2013 i paid her back in cash but now she is wanting more money saying i did not pay her and she wants interest money aswell. She threatend to take me to court saying she has ..."
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

Was the original loan in writing?

Customer: replied 11 months ago.
No
Customer: replied 11 months ago.
She gave me a check and i paid her back in cash
Expert:  LegalGems replied 11 months ago.

Thank you for that.

So since there is no formal documentation the court will have to hear both parties' side (testimony) and will determine which facts the judge believes to be true.

It would help prove payment if one can show a withdrawal from their bank in the amount, or if they have any text messages, for example, referencing repayment.

Also, the court will not allow interest if there was no agreement originally; and the burden is on the party asserting the complaint to prove that there was in fact a loan, and that there was interest.

Customer: replied 11 months ago.
Will i be held liable for the money borrowed because i dont have proof i paid her back?
Expert:  LegalGems replied 11 months ago.

If the judge believes that she was never paid- it will come down to whichever side the judge believes. The judge will likely look with disfavor upon the person that lent the money without a written contract as that person is typically in control of the transaction (has the upper hand) so any ambiguity/issues are usually construed against that person.

But any evidence of repayment would help- like a withdrawal in the amount borrowed, for example.

Customer: replied 11 months ago.
The only proof i have is a Text from her stating she has proof she gave me the money but that I dont have proof i paid her.
Expert:  LegalGems replied 11 months ago.

If you can trace where the money came from, that will help convince the judge. Is that possible?

Customer: replied 11 months ago.
No, I would save it up from my paycheck and I used money from my income tax to pay her off but I gave her cash
Expert:  LegalGems replied 11 months ago.

That can all be traced; by showing that one received income tax refund and not having the corresponding amount in the bank; also, the paycheck would show a deposit and then a withdrawal - if the withdrawals add up to the monies borrowed than can help persuade the judge.

Customer: replied 11 months ago.
I did not have a bank at the time I could cash my checks at the store
Expert:  LegalGems replied 11 months ago.

This is what the person stating there is a contract must prove in order to win in court:

1. Existence of a Valid Contract

For there to be any breach at all, there must first be a valid contract. The contract does not need to be in writing. Oral contracts are enforceable if one can prove their existence as follows:

  • Offer
  • Acceptance – this means the parties have genuinely agreed to all of the contract's essential terms. This is an area of the law where written contracts are preferable to oral contracts. Written contracts tend to be a more clear expression of the essential terms each party has accepted.
  • Consideration – each party must have given and received something of value.

2. Breach of the Contract's Terms

Generally, a breach occurs when a contractual promise is broken.

3. Damages for Breach of Contract

To recover a party must prove the other party harmed them in some way.

If there is no bank account, that would help bolster one's argument that they had to pay in cash and the lender failed to provide receipts.

Customer: replied 11 months ago.
Okay thank you
Expert:  LegalGems replied 11 months ago.

You are most welcome; good luck with this - I can't imagine your frustration.

Expert:  LegalGems replied 11 months ago.

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