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I was just served papers from an ex-boyfriend who has filed with Small Claims Court. He is trying to sue me for money that he gave me over a year ago. We lived together at the time and he was helping me out. He claims that it was a loan and it never was. How long do you have in the state of Oregon to file such a claim? Is it true that I can't hire a lawyer to represent me in court?
State/Country relating to Question: Oregon Already Tried: Ive called a lawyer referral service. Being that it is Friday I wasn't able to get ahold of the attorney I was referred to.
He would need to produce a written loan document. if he does not have one, the court will not assume one and treat it as a gift and conclude by dismissing the case.
Attorney
Licensed attorney helping individuals and businesses
So I had another question..the owner of the repair shop wrote a letter back in June 02,2008 stating Jeff contacted me on May 27,2008 for repair on a 1992 325I. Jeff is a personal friend of mine. He explained to me that he was loaning his girlfriend the amount for the repair and that he needed a special discount because he was shor on funds. Due to our close friendship, I repaired the vehicle for Jeff at a discounted price fo $1974.00 instead of the retail repair value of $3378.48. Sincerely, .......... This statement is not signed in ink and does this hold up in court at all? You had stated that if there is no written loan doucment that they would dismiss the case.. I feel that this was written for Jeff being that the owner of the repair shop is his friend...
You are not a party to the document and it would be hearsay. The document would need to be an acknowledgment by the alleged lender of the loan as well as the borrower of intent to repay.