Can I sue to recover money that was promised to be repayed?

Question

I loaned money to my boyfriend to help him in times of need. He promised to pay me back when he could. I do not have it in writing but have a voicemail acknowledging that he would repay it. Do I have a case for suing him for fraud as it is a significant amount of money. Thank you.

Robert Lucky · Answer

You may pursue him legally based on breach of contract. A verbal contract is as enforceable as a written one if you have proof that one existed.

Wayne Wimer · Answer

If your boyfriend made an unconditional promise to repay you, then you would have the right to sue him for non-payment based upon a contract theory (assuming that the statute of limitations has not run).  If the two of you were in love, and you simply wanted to help him out and you loaned him money, the fact that he later changed his mind doesn't necessarily mean that there was fraud on the part of your boyfriend.

Michael Sgarlat · Answer

Its my understanding that any amount over $500.00 should be in  writing.   Talk to a collection lawyer.

Erven Nelson · Answer

You have a lawsuit for breach of contract.  Fraud would be difficult to prove, but you don't need it.  Send a written demand letter to your boyfriend, and follow the directions for small claims court in Clark County if the amount is low enough.  If you are seeking $10,000 or less, you can also ask for attorney's fees.

Edwin K. Niles · Answer

Yes, you can sue for breach of contract.  Act promptly; there is a statute of limitations to consider.

Christian Paul · Answer

Yes, you can sue him for breach of contract. In California, you may sue in small claims for up to $10,000, in superior court limited jurisdiction for up to $25,000, and in unlimited jurisdiction for more than $25,000.  Breach of oral contract has a two-year statute of limitations, which runs from the date of the breach (failure to pay according to the promise). You may be able to argue that the voice mail acknowledgment started the two-year clock if you lent him the money more than two years ago. You will want to use the voice mail as evidence, but other evidence will help, too. For example, if other people know about the loan or heard him say he owes you money, they can be your witnesses. If he made even one payment to you, that's evidence that he owed you money. You also might write him an email or letter reminding him that he borrowed the money from you, promised to repay you, reaffirmed the promise in his voice mail of whatever date, etc. Also ask him for payment in full. This demand letter and any response by your ex-boyfriend can also help you establish your case. A visit to a local lawyer might be worth your while, to help you draft the letter and advise you about the specific evidence you have. You can sue in your own name, or you can hire a lawyer to sue for you.  Hope this helps. Good luck.

Christian Joseph Menard · Answer

You may have a case for breach of contract. A promise was made and based upon that promise, you lent the money with the understanding that it would be repaid "when he could". "When he could" was the condition that had to be met before his obligation to repay arose. If he is not able to pay, then the condition of "when he could" has not yet materialized and therefore there has been no breach of contract. But, if you can prove his financial wherewithal to repay, but he still refuses to pay, then you have a breach of contract case. You would be entitled to receive all the money you lent him.   As to fraud, you would have to prove that at the time he made the promise, he knew he was not being truthful, that he intended to mislead you, that you had no reason to not believe him, and that based on his representation, you paid him the money all to your detriment. If you can prove these elements, you have a case for fraud entitling you to all your damages, including all of what you lent him and any consequential damages you may have sustained. It is not uncommon for a lawsuit to have both a breach of contract claim and a fraud claim.

Geneva Yourse · Answer

If the amount is under $5,000 you can take him to small claims court. The voicemail can be used as proof that he agreed to pay back the loan.

Paul Whitfield · Answer

It becomes fraud because your boyfriend doesn't love you anymore. come on lady. It is a promise to pay which does not have to be in writing. Sue him in small claims court if less than 5000, in district court if more than that. keep the emotion and hurt feelings out of it. he either owes you or he doesn't and the emotion will just make it harder to deal with for everybody.

Daniel Edelman · Answer

You can sue to recover the money.  However, failure to keep a promise is generally  not fraud.  You would have to prove that the obtaining of the loan was a scam.

Stuart Nachbar · Answer

Yes you could file a suit.

Stacy Safion · Answer

Probably not fraud but you do have a valid claim for breach of oral contract as well as common counts.  Be sure to make a copy of the voice mail.

Andrew Velonis · Answer

Fraud, no, but you can sue him for breach of contract.  It is difficult because it was not in writing, but the voicemail is useful as an admission.  Good luck.

Kenneth Love · Answer

You do not have a fraud claim. You can't sue for fraud for a breach of contract which you have here. You an sue for breach of contract and get a judgment to get the money he owes you back. First, you need to prove that it was a loan and not a gift, so be prepared to play the voice mail for the Court. You also need to check and see what the statute of limitations in your state is. If the statute of limitations has passed, you can no longer sue; meaning you should move fairly quickly.

Kevin J. Connolly · Answer

Not fraud, but debt. You sue him for money had and received, which in equity and good conscience he must pay back, with interest. That's your formal plea. Google "money had and received" to get the details. He owes the money: a judge will make him pay.

James Eugene Hasser · Answer

I don't know about fraud, but you could sue him on the promise to pay you back without anything in writing. For fraud you would have to prove that he did not intend to pay you back when he borrowed the money. That's going to be hard, if not impossible to do. Unless you can get that kind of evidence, you are probably best off suing him for the debt plus pre-judgment interest and court costs. Good luck.

Mark T. Peters · Answer

I doubt you have a case for fraud unless  you can prove that he did not intend to pay you back when you loaned him the money.  Without a writing it will be difficult to prove, but you may be able to win.  Does anybody else know about the loans and can testify about them.  Obviously, the voice mail is good, but did he acknowledge how much he had to pay back or only that he had to pay it back. If the latter, you will still have to prove the loans.  Were they by check or cash.  Again, if the latter, it may be difficult.  If you are asking for more than $5000.

John Sibbison · Answer

Yes but fraud is tougher to prove because you need clear and convincing evidence of a misrepresentation.  Be happy if you can obtain a judgment AND recover the money he borrowed with interest.

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