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Allen M., Esq.
Allen M., Esq., Attorney
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What are my legal rights for seeking money owed by someone

Resolved Question:

What are my legal rights for seeking money owed by someone who made a verbal agreement to repay my money but refuses to do so?
Submitted: 1 year ago.
Category: Legal
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

How much money do they owe you?

Do you have an address or location for them?

How about a full name?

Do they live in the same county as you do?
Customer: replied 1 year ago.

They owe me 1,400.00 which was my school grant funds.


 


Yes I know where they live have their name and live in the us.

Expert:  Allen M., Esq. replied 1 year ago.
I'm sorry for the delay in responding.

Something took me away from my office for a moment.

You would best be served by filing a small claims case in the county court were you live. While that amount of money is significant, it is not really that much in the legal world. An attorney's fees would burn through that very quickly, so you should use small claims.

Go to your local county court with this person's name and address. Explain your claim and they will help you get this person served with court documents. Small claims is faster, cheaper and more accessible to non-attorneys, so that should be your first step.

A verbal contract can still be binding, so be prepared to explain what you both agreed to and how they are not keeping their end of the bargain.
Customer: replied 1 year ago.

What are the chances of winning a case based on a verbal agreement?

Expert:  Allen M., Esq. replied 1 year ago.
Not bad at all, actually.

Most people believe that written contracts are necessary. They are not. We reduce them to writing so that no one can argue about the terms of the contract, not to make them legal.

Verbal contracts are completely legal.

So, you just have to be prepared to explain what the terms of the contract/agreement were. Any evidence that you have showing the transfer of the funds would be good too, like a canceled check, etc.
Customer: replied 1 year ago.

I have a deposit slip for 2,000.00 for his account but as far as proof of him actually giving anything there is none. Just honesty that he has given me 600.00 out of the 2,000.00. Would that be evidence if I have all the deposit slips where all the funds were deposited and to whom accounts they were?

Expert:  Allen M., Esq. replied 1 year ago.
Some of this is going to come down to you telling your side and him having to try and lie his way out.

That's always true in a court situation. Judges are good at reading people and they are allowed to do that.

If you have deposit slips for the money, that is decent evidence to back your statement.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15601
Experience: Lawyer and legal specialist.
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