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John
John, Attorney
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I loaned my daughters father almost $3000 to catch up back

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I loaned my daughters father almost $3000 to catch up back child support when we were dating and he agreed to pay me $30 a week till I was paid back. It was a verbal agreement and I have no proof of giving him the loan. We have since split up and he is not paying me the money back as agreed upon. Would I stand any chance of legally getting the money back with only a verbal agreement and no documentation of anything?

EmplmntLaw1 :

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.

EmplmntLaw1 :

It's a legitimate claim overall - you're just going to have a more dificult time proving it than you would a written agreement.

Customer:

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.

EmplmntLaw1 :

He paid you in cash?

Customer:

yes

EmplmntLaw1 :

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.

Customer:

ok, thank you

EmplmntLaw1 :

 


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.

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