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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience:  Experienced in both state and federal court.
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How could you prove you deposited money into someone elses

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How could you prove you deposited money into someone else's bank account if you don't have a receipt? Can you sue that person for the return of your money?

TexLawyer :

Good morning. I'll be assisting you with your question.

TexLawyer :

Could you explain your situation a little further?

Customer:

Sure! I wasn't able to type in the other text box, that's why there was a delay. Thank you for continuing with me.

Customer:

There's not much else to explain -- it's pretty open and shut. I think I goofed big time, but just wanted to know if there's any possibility of recovering money deposited in my then-boyfriend's bank account.

Customer:

Hi ~

Customer:

I'm not able to access the answer. I'm thinking it's a technical issue, but need assistance in viewing the answer. Thanks much!

Customer:

Still not able to access answer. Please advise how to do so. Thanks!

TexLawyer :

Can you see my responses now?

Customer:

Nope! Where do I look?

TexLawyer :

I haven't given you a final answer yet, I just wanted to make sure you could see what I'm typing.

TexLawyer :

Can you explain your situation a little further?

Customer:

Oh, sure! I can see that! :o)!

Customer:

I deposited $3,500 into my boyfriends's account but didn't get a receipt. We're splitsville now, and he says it never happened. I can't prove it did. Like I said, I think I'm dust on this one.

TexLawyer :

You aren't necessarily out of luck. Did you have anything in writing?

Customer:

Nada!

TexLawyer :

What was discussed before you loaned him the money?

Customer:

It wasn't a loan. We were thinking of buying a piece of real estate together. It didn't happen. I left the money there because I didn't need it.

TexLawyer :

So, you deposited the money in his account to hold it until you made the purchase?

Customer:

Right.

TexLawyer :

Was the money ever understood to be his, or yours and his jointly?

Customer:

Jointly. Both of us as a partnership deal. Actually, the property was going to be in my name (because of his tax problems).

TexLawyer :

Potentially, you could sue him for conversion. To prove conversion, you need to show three things:

Customer:

What are they?

TexLawyer :

(1) plaintiff’s ownership or right to possession of the property at the time of the conversion; (2) defendant’s conversion by a wrongful act or disposition of plaintiff's property rights; and (3) damages.” Miller v. Cass

Customer:

Oh! The property was only bid on -- the deal folded (we were outbid).

TexLawyer :

Here, you (or the partnership, potentially) had a right to possession of the money. Your now ex then disposed of the money (i.e., he took it) wrongfully. Damages are the amount of money he took, and potentially attorney's fees, should you have any.

Customer:

Can you give me the cite for Miller v. Cass?

TexLawyer :

Here's a more recent case that cites Miller and discusses the elements of conversion.

Customer:

Okay! Thank you! This is a big help. I'm just concerned about the lack of a paper trail, Sir. Are you telling me I don't need a receipt?

TexLawyer :

A receipt is not a legal requirement. If you sue him, a judge can require him to provide his bank records as part of the litigation process. Also, you can ask him about the money on the witness stand, and he would either tell the judge the truth or commit a felony (perjury).

TexLawyer :

My guess is that if you file suit, he repays the money or at least begins to repay you.

Customer:

Oh! Okay then! All I have to do is file suit? Cool! Thanks much! I think I understand.

TexLawyer :

Here's a good overview of the small claims court process in Ohio:

Customer:

Excellent! Thank you so much!!

TexLawyer :

You'll note that the limit in small claims court is $3000, so if you decide to go there, you won't be able to sue for the full amount, but the small claims court process is much cheaper and faster than district court.

TexLawyer :

How you handle that is your call, but I just wanted to make you aware.

TexLawyer :

Here is the official State of Ohio publication on small claims court:

Customer:

Thank you! You get a BIG SMILEY FACE!!

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