QUESTION

Would I win in a small claims court case?

Asked on Apr 03rd, 2016 on Contracts - Maine
More details to this question:
I helped my boyfriend at the time by lending him $1000 to get a new car. Both of our names are on the title. And I've been asking for almost a year if he has the money to pay me back. He has said in several text messages that he would pay me back but still hasn't. If I took him to court would I stand a chance of winning since we never wrote anything on paper? The texts show he knows he owes me for the money.
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
Most contracts do not require a writing to be enforceable, and I see nothing in your loan contract which would require that it be in writing, but even if a writing was required, you have text messages, which would generally qualify.  You also may have a check showing the loan, and possible something written on the stub.  Your name is written on the title - your boyfriend is more likely to agree with your claim that you loaned him $1,000 than he is to claim that your name indicates that you are the 1/2 owner of the car.  There is no guaranty, but I think you have a good chance to win.
Answered on Apr 04th, 2016 at 10:33 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters