Quote:
Originally Posted by trynagetlaid
Without a promissory note or other signed document, there is no loan when money passes from one hand to another. Been there, done that...family, friends, hos...doesn't matter.
It will be interesting to see if he even gets a judge to hear the case.
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Incorrect. Firstly, of course it's easier to as retain the terms of an agreement when it's in writing, but the absence of written documentation does not equate to a gift.
The Court looks at all factors: partial repayment, circumstqnces surrounding the exchange of cash, credibility of the parties and anything else they like.
This is a small claims case were the rules of evidence are relaxed, so the court will look at just about anything they like.
The biggest hurdle that I see here is that the Gentlemen claims they were in a romantic relationship. Not that she tricked him etc. and he only asked for things back AFTER the break up.
This case is a loser...but not because he doesn't have any paperwork.
