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Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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My daughter loaned money ($1,130) to her ex-boyfriend for summer

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My daughter loaned money ($1,130) to her ex-boyfriend for summer semester housing at a college. The college housing agreement shows her as the person responsible for payment along with her ex-boyfriend named as an "additional authorized party". The loan agreement between my daughter, and her ex-boyfried was verbal, however, both my wife and I have direct knowledge of the agreement as we witnessed it, and would testify so in court if needed. My daughter also has bank statements to corroborate the original housing transactions she made to complete her obligation for the housing agreement, and they also shows partial repayments made to date by her ex-boyfriend which he has given her in cash payments that she deposited into her account. She also has Email correspondence with the ex-boyfriend where she attempted to collect the remaining balance with no success.
Do you feel this is enough evidence to obtain a favorable judgment in small claims court to try and recover her remaining loan balance ($530 + court costs TBD)? If not, what else might be needed?

Hello there


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.




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