Consumer Protection Law
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I loaned almost $2,600 to a friend. This amount was given at different times with the promise to pay back. I asked her twice to pay me back but she will not respond. I sent her two certified letters. One she accepted. The other she refused to accept. I planned on taking her to small claims court but was told by Legal Aid that unless I had some kind of contract signed by her that she owed me the money, I cannot do anything to collect from her. I have the canceled checks that I made out to her, with her signature that she cashed them. I cannot reach her by phone or mail. Is there some way I can get this money returned to me? I am on a very limited income and have only Social Security of $1200.00 a month to pay rent Car Payment, Insurances, food, and miscellaneous bills. I just can't make it. The money she owes would help me so much. Can you advise me what to do? Thank you, XXXXX XXXXX XXX-XXX-XXXX
Thank you for your response. The fact that I have the returned, signed and cashed checks doesn't show any proof that she borrowd the money, and she has no documents to show she ever paid me back?
No, the cashed checks show that you gave her money, but not that you had an agreement for her to pay you back. That is why I mentioned that it would be considered a "gift" unless you can convince the court that you had a meeting of the minds (verbal contract) for her to pay you back. Verbal contracts are established in court everyday, so it isn't impossible, however, you just need to go into it understanding that you need more than just the cashed checks.