Have Legal Questions? Ask a Lawyer Now.
Hi, thanks for submitting your question today. You could stand a chance if you could show evidence of the agreement. In my thinking, the best evidence you could produce is a) any paper trail you have on giving him the $, and b) any paper trail you have on him paying you back even in part. Other evidence that would help - any documents reflecting his acknowledgement of the agreement, the testimony of anyone who was there when you made this agreement with him.
It's a legitimate claim overall - you're just going to have a more dificult time proving it than you would a written agreement.
i took out a loan and put part towards bills and gave him the rest, but i gave him cash so i really have no paper trail of giving him the money and we recorded the few payments he made to me and dated when they were made but he has the record of that.
He paid you in cash?
The problem you'll have in this case is proof. As plaintiff you'll have the burden of proving the matter. If you do not have evidence other than the your testimony he's free to simply say there was no such agreement...and the judge has to decide who is more credible. You could call into question how he all of the sudden had $3,000 to pay off his child support. To me it's worth at least trying it in small claims court.
ok, thank you
You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).