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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10270
Experience:  Just Answer consultant at Self employed
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I have someone that was with and used a lot of money can I

Customer Question

I have someone that was with and used a lot of money can I sue them, they claim as gifts but I never used that word when helping. Thought was a relationship but instead just used as a bank
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Is there a paper trail re: the loan? either via email/text? Any partial repayment via check or other documented method?

Customer: replied 1 year ago.
on some things others be word of mouth
Customer: replied 1 year ago.
Have been told her dad hiring a lawyer but I have not been contacted
Expert:  legalgems replied 1 year ago.

A contract -whether oral or written-is legally binding so long as it can be proven.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

The party making the allegation must prove their case by a preponderance of evidence; so if there is evidence indicating a contract was formed, the judge would likely enter a judgment for the remaining balance of the loan.

small claims is appropriate for cases under $2500

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 year ago.

Checking in on the above;

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