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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I loaned a woman money to first pay her court ordered rent

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I loaned a woman money to first pay her court ordered rent then loaned her money to get a new apartment, also loaned her money to get her car fixed. Now she's telling me it wasn't a loan she has no intentions of paying me back then she gets in an argument with my landlady roommate, after I told her not to go there that the landlady and her boyfriend were drunk and fighting. She went anyway. Then she calls me at work while I'm driving in the middle of a thunderstorm on a busy street in a company truck and starts accusing me of drunkeness. The only way she can deal with her 6 year old daughter is when she's had a few. Of course I get a little angry and break things off with her, however she owes me more than $1000.
Do I have any legal recourse or shoulkd I just chock this up to a life lesson, I'm pissed because I'm on Social Security and don't have that kind of money to spare.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you loaned her money for the rent and car and you do not have any written agreement for the loan, as required by the Statute of Frauds, then it is your word against her word as to whether it is a gift or a loan unless you have some other evidence to prove that it was indeed a loan. If you have evidence to prove it was a loan, then you can sue her in small claims court to recover the money. If you go to small claims court and sue her claiming it was a loan and she claims in court it was a gift and you have nothing to back up your allegations, the court will not be able to win your case as the court will not be able to decide either way and could not award you any judgment.

Also, you need to consider that if she has no assets or income, even if you win a suit against her in court and she has nothing you could collect a judgment from then you would have just a paper judgment worth nothing.

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