Have Legal Questions? Ask a Lawyer Now.
From what you describe, the evidence and proof that your daughter has that the loan existed and that repayments were being made is more than sufficient to win this claim for the remaining loan balance in a small claims court proceeding. I have seen people win their claims with much less evidence than your daughter has accumulated here against her ex boyfriend. She should go to the clerk's office of the district court of the county where she is living and ask for the paperwork for a small claims court case and then complete the paperwork and file it with the court. They will assign a hearing date within a few weeks and each side can present their "case" -- he will claim it was a gift but she has evidence of repayment and thus she can prove that it was not a gift. (or he may simply appear and state that he does not have the money at this time -- and in that case if he is working she can ask the court for a wage garnishment in order to be paid back from his paycheck on a weekly basis ).
Please let me know if you have further questions, but I see no problems with this small claims Breach of Oral Contract case -- these are just the type of cases that small claims actions are designed for so that the time of the regular court is not taken up with smaller matters like this.
Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am not paid anything unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will not cost you any additional money -- it simpy acts as a trigger to Just Answer to pay me for my time. THANK YOU