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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I loaned my girlfriend $5300 to help her purchase a vehicle

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I loaned my girlfriend $5300 to help her purchase a vehicle back in march or april of this year. We have since broken up and i am having problems collecting. Unfortunately i did not have her sign a written contract. Is there anything i can do?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. If this was a loan and she has failed to pay you back, you certainly have a legal right to sue her. The fact that this was not in writing, does not mean you can not sue her to collect, it just means you may have a harder time proving the terms and conditions of the loan. It is going to be your word against hers. If you have text messages or emails which reference the loan, you can certainly use those to support your position. Moreover, the burden would be on you, as the moving party, to establish this was a loan and not a gift, seeing how you were dating at the time and her possible making that very claim, as a defense.

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Customer: replied 3 years ago.

She has already said that she will tell them it was a gift. Do you have any thoughts on ways i can prove it was not a gift. She has made a few payments already so it clearly was not a gift. Would receipts for her payments help in court. And what if she says she never made any payments and never got receipts?

Yes, if you have receipts, it would contradict her claim that it was a gift. The reason being, is that if it was a gift, why would she be trying to pay you back. In addition, you have your own testimony, which is evidence and for the Judge to consider. If she says she never made any payments, a copy of the receipts which you have and/or canceled checks, would discredit her testimony and create doubt as to if she is telling the truth.
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