QUESTION
Can I take someone to court to get money back?
Asked on Mar 29th, 2013 on Personal Injury - California
More details to this question:
I have all the receipts to prove it. They said they would pay me back. I even have their back account number but they said they would pay me back and haven't written writing was involved. They only gave me their word saying they would pay me back.
10 ANSWERS
Yes, oral contract are generally enforceable if you can prove the terms of the agreement.
Answered on Apr 04th, 2013 at 11:55 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
You can sue them, but even if you win, you nay never collect the judgment you get.
Answered on Apr 02nd, 2013 at 3:55 PM
Ronald A. Steinberg
Sure. Now do it. Go to Small Claims Court.
Answered on Apr 02nd, 2013 at 3:55 PM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
An oral contract has the same validity as a written one, its obviously just harder to prove because the debtor typically lies about it. If you have proof of giving the money and he or she has no proof of paying it back, you seem to have a valid claim. Depending on the amount, you can sue in small claims court.
Answered on Apr 01st, 2013 at 2:01 PM
Christian Joseph Menard
If you had an oral contract which provided fit you to be repaid the loan, then failure to repay is a breach of that oral contract and you can sue the person who breached your agreement. If the amount was $10,000 our less, sue the person in small claims court.
Answered on Apr 01st, 2013 at 2:00 PM
Thomas Edward Gates
You can take them to small claims.
Answered on Apr 01st, 2013 at 2:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You can try. Find out the limit of small claims court in your area, and if the person owes you less than that, go ahead and file a claim. Round up all the information you can. Are there any witnesses? Has the other person admitted in front of anyone else that he/she owes you anything? Any text messages referring to it?
Answered on Apr 01st, 2013 at 1:59 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Of course you can. If under 5000 you can use the Judge Judy (small claims) court
Answered on Apr 01st, 2013 at 1:59 PM
Personal Injury Attorney serving Los Angeles, CA
at
Law Office of Malosack Berjis
Update Your Profile
Yes, you can potentially sue them based on an oral contract (that is, assuming that the statute of limitations has not expired, etc.).
Answered on Apr 01st, 2013 at 1:59 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Sure, sue them in small claims court.
Answered on Apr 01st, 2013 at 1:59 PM