Oral favor to a friend
Thank you for your follow-up.This is a bit of a difficult situation to be in, and the answer I will provide you is likely not going to be terribly encouraging. If there is no evidence of terms or that there was an agreement under which a debt was created, meaning that an obligation to return the funds was listed, any more that was provided, without evidence to the contrary, would be considered a potential 'gift'. Consequently if they claim that you gave the money as a gift and you have no evidence denoting otherwise, the judge may dismiss the case since you as the potential petitioner have the burden of producing evidence that shows that the facts took place as you stated and not otherwise.That does not mean you cannot go to small claims court and sue for the funds. In Wyoming small claims are limited to up to $6,000 which is below this threshold. But your chances of prevailing is very small if you cannot show any evidence that this was a debt. You can show past payments being made to you, but they can likewise claim that those payments were not a debt but were a gift back to you. I apologize but I just have to be realistic based on what I see in this instance based on the facts that you yourself provided.Good luck.
I do have witnesses to this arrangement, including her mother who lives with me.
Thank you for your follow-up.That does help. If her mother is willing to testify on your behalf, that would be a very strong witness since a mother generally has a bias to favor her own children. I cannot guarantee that a judge will find in your favor, but with such a witness, and hopefully others, provided they agree to come with you to court, you stand a far stronger chance in prevailing.Good luck.
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