Have Legal Questions? Ask a Lawyer Now.
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.
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).