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Zachary
Zachary, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My son loan a inmate money to bondout and it was a verbel aggreement

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My son loan a inmate money to bondout and it was a verbel aggreement and didn't do a written aggreement. This person was getting a settlement and he did recieved it and has not paid up. My son told him to pay his girlfriend and never did so he asked us to collect for him since he is in jail and my husband and myself have power of attorney can we take this person to small claims in behalf of our son? The deal is the person thats works in jail that write out the checks said that she would not write out a check for the inmates name to bondout so the inmates Bondsman had to go to my sons attorney and wrote out a check to the bondsman name instead of the inmate. Who do we take to court to recover the money?
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
Hi,

You are going to have a difficult time with this I'm afraid. While a verbal agreement to lend money is enforceable, you won't be able to prove the verbal agreement existed unless the person you are suing confesses and admits there was a verbal agreement. Otherwise, you would need your son's testimony to prove that the agreement existed in the first place.

Now, it is not entirely impossible to prove it. You can get your son to sign an affidavit stating the facts of the deal, i.e., how much the loan was for and when it had to be paid back. Then you would sue the person that made the verbal agreement with your son. Not the bondsman and not the attorney, they were just acting on behalf of the people who hired them.

That being said, the court may decide that the affidavit is not enough proof to enforce a verbal contract in this case. In the end it will be up to the judge. However, in my estimation, your likelihood of success is very very low.

Please let me know if you need further information.

-ZDN
Customer: replied 2 years ago.


He has admitted that he had a verbal aggreement to pay him. We discussed it over the phone and he also admitted to my son's girlfriend he owed the money. Like you said unless he admitts it in court. Is it illegal to record a conversation because I have it where he admitt he had a verbal aggreement.


 


 


Thanks,


Ellie Torres

Expert:  Zachary replied 2 years ago.

Hi,

It's not illegal to record a conversation, but the recording may or may not be allowed into court as evidence based on whether you can prove it was him on the other side of the recording admitting that he had the verbal agreement. The fact that he admitted to you and to your son's girlfriend, if you both testified to this fact, along with a recording, may be enough for the small claims court to state that there is an agreement.

In the end it would come down to whether the judge/jury found your evidence of a verbal agreement credible. If so, then you would win.

-ZDN

Zachary, Attorney
Category: Legal
Satisfied Customers: 4006
Experience: Lead trial/International commercial attorney licensed 11 yrs
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