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Richard, Attorney
Category: Legal
Satisfied Customers: 53694
Experience:  Attorney with 29 years of experience.
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I took a loan out devil, he has been paying it years an now

Customer Question

i took a loan out for the devil, he has been paying it for three years an now is not paying it. All I had was a verbal agreement with him
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: oklahoma
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you think the lawyer should know?
Customer: all the checks he has sent to the bank over the last three years are in his name
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Legal
Expert:  Richard replied 3 months ago.

Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 3 months ago.

You have recourse here against this guy.

If there is nothing in writing, it is a much more difficult process. But, not necessarily impossible. The lack of a written contract can be overcome by the concepts of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. Your situation satisfies the foregoing elements. So, since he won't pay, file suit against him. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment.

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