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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19132
Experience:  B.A.; M.B.A.; J.D.
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I Need to build a case, I lend money to someone, but may not

Customer Question

I Need to build a case, I lend money to someone, but may not have efficient evidence to retrieve it back. Would like to hear possible options that i can look into to try and retrieve good enough evidence.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Basically long story short. I lent someone $1600 to cover an expense on their car due to apparently her boyfriend was going to take the car back if she didn't change the license plates to her name. That money went towards the license plates as well as that apparently she was threatened by a cop she was shoved tot he pavement and had only a day to get the license plate. At the time we were going out, which we only went out for about three months and literally after me lending her the money she 100% stop talking to me. My text messages show costs of what I lend to her. However I used the word "Give" even tho in reality I would never give her money. She manipulated me, she is 26 years old and Im 19. Also one of her friends said that they planned it, a friend admitted to planning away to get money out of me. However I don't really have much proof accept that the friend saying they "planned it" and text messages showing how much money I lend to her and her agreeing to it. However she never said anything about getting it back to me, most of it was verbal between us. Is it a losing battle? Or could I possibly demand text messages between her friend and herself since most likely it would show them planning these lies to manipulate me into lending money.
Expert:  Phillips Esq. replied 1 year ago.

Regrettably, based on the information that you have provided here, this is a "losing battle."

If you do not have anything in writing at the time you lent her the money that this was actually a loan and not a gift, you would not prevail in any lawsuit against her to recover the money.

Also, because you gave her this money at the time you were in a relationship with her and never told her that you wanted to be paid back, but now want the money back after the relationship has broken, it would appear that you are only asking for the money back because you no longer have a relationship with her. The presumption would be that you did infact give her this money with no expectation to get it back, but you only want this money now because she has broken things off. The Court would most likely rule against you.

I am sorry that I do not have better news for you.