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Small Claims Court

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So here's my situation
>Have girlfriend for 4 years
>her money situation was never as stable as mine
>help her pay bills from time to time
>we both agree she will pay me back when she can
Fast forward to now
>I've loaned her around $2,000
>I caught her cheating. We are now broken up
>Tell her we can start working on her actually paying me back
>she says she doesn't owe me shit

What do? I plan on taking her to small claims court but I have no proof that we agreed. It was all an oral agreement. The only evidence I have of giving her money is a bill to an animal hospital and a few times I withdrew a couple hundred bucks from an ATM. I can't prove that I paid her bills while she was unemployed.
The most I really have is my parents as witness that I was paying for her shit. But nothing that she agreed to it.
>>
>>18724461

Those money are lost

Let it go and get her out of your head

You will not win in any way if you try to get those money back, it will probably backfire into restrainibg orders and fake rape charges

Find a better woman next time
>>
>>18724461
>It was all an oral agreement.

you fucked up.

Without something in writing, signed and witnessed by a notary you aren't getting shit.

Sorry man, let this be a lesson to you about loaning money.
>>
>>18724475
But this has to happen all the time in court. A rational person would believe that paying bills aren't gifts, they're loans. I'm hoping if I have witnesses and can convince the judge that she's not truthful I have a chance. Small claims would only cost my $80 in court fees, so it wouldn't hurt too much to try hopefully.
I do wish I could just forget about her. Fuck.
>>
>>18724496
>A rational person would believe that paying bills aren't gifts, they're loans

you paying the bills for a girl youre fucking is more likely to be a gift than a loan imho

unless you can produce a witness that will testify that he/she saw and heard your ex agree to pay for every single bill you paid for her and you can also provide proof of every bill you paid then you aint getting shit.
>>
Oral agreements are not valid contracts. If you can't find one text message referencing the debt, then as far as the law is concerned, it doesn't exist. Sorry to say, but I'd say, face yourself the aggraviation and humiliation of going through small claims, just to be told 'no.'
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>>18724503
save* not face.
>>
Sorry mate, you're not seeing that money ever again. At least you've learned your lesson.
>>
>>18724496
I'm sure it does happen pretty often, and I'm sure 99% the plaintiff's (you) case is dismissed. Judges loathe these 'he says, she says' cases. I'm not sure your friends' testimony is even admissable in court. Well, I'm sure small claims courts have lower standards. But you're probably going to make ass out of your friends when the judge cross examines them and starts probing them about your relationship and why they're backing you up. As soon he hears, "We're his friends," then he'll just tell everyone to gtfo.

Well, I don't want to sound like some know it all asshole. But I'm just presenting you the most plausible scenario based on my limited understanding of the law and small claims.
>>
>>18724461

You're not trying to get your money back, you're trying to get back at her. As cliche as it sounds, the best revenge you can take is to make the best of your life without her. Even better if you don't think of it as revenge at all and just move on with your life.
>>
Well fuck. I thought I read that oral agreements are valid, just hard to prove. My hope was that if I take her to court maybe she would be dumb enough to not lie under oath. Or maybe she would lie and the judge could catch her lying. It's all a stretch.
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>>18724530
>it's unreasonable to think that an average joe who loaned 2k$ to someone wants to get his money back
Fuck off Stacy.
>>
>>18724538
That's the case I'm trying to build. A judge would think I'm being wronged here, and if he thinks she's lying under oath I could hopefully win the case
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>>18724530
I would like both. Money is great revenge.
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>>18724461
Even if you could prove you gave her money, there's nothing legally binding her to give them back. You got 100% duped.
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>>18724552
Correct me if I'm wrong, but aren't oral contracts still a valid form of contract even if they're way harder to prove?
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>>18724561
I'm trying to figure that out. For the most part, you're correct. They are legally binding just hard to prove. However now that I'm looking more into it, I don't know if loaning someone cash is included in that in my state (Ohio)
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>>18724590
It's better to have it in writing. Oral contracts are legally binding despite what the keyboard lawyers in this thread are saying. The problem I see with your situation is that you don't have enough evidence to prove that it was a loan.

I loaned someone $3000. I have all the receipts and messages from them calling it a loan. They've already made two payments, but need more time to pay the rest. If they decide they just don't want to pay it anymore I have enough evidence to go to small claims and prove that this was a loan they agreed to pay back.
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>>18724561
OP doesn't seem to have anything to prove the oral contract with.
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>>18724643
That's the issue. My evidence is all circumstantial. She would probably say yes I gave her money. No it was not a loan.
I am curious though. Online it says the court fees are $78. Does that sound accurate? I'm debating taking her there if it's that cheap. Once she's faced with going to court she might agree to pay me to avoid going if we work out a deal.
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>>18724461
That's super shirty of her, but if you don't have proof there isn't much you can do.

Did she say her justification as to why she doesn't feel like she owes you the money?
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>>18724651
We were fighting over a phone call and I said I'm talking to an attorney about you paying me back since you're trying to block all communication with me. She said I don't owe you shit and hung up. Ever since I mentioned a lawyer she denies it, probably knowing I might record it and use it as evidence
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>>18724461
If you live in the US look up your state law, oral contracts are binding in some states if they're over things like saying you'll do work for money or pay back loaned money. If you live somewhere with a sensible legal system where people need to sign shit and both parties take a copy, you're fucked. Never lend more than you're willing to give without return.
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>>18724677
It's just difficult when it's someone that close to you who needs it then and there. Like if I didn't pay for her cat's surgery he would've died. If I didn't pay her bills she'd lose her car. And I loved her so what choice do I have? And it's not easy asking your partner to sign a contract. It kinda says you don't trust them.
>>
>>18724503
Oral agreements are valid contracts. But if OP has no witnesses or proof it will just be he said she said and OP won't win shit.
>>
>having a girlfriend

thats where you fucked up op
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>>18724776
Probably the most expensive way to get pussy
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>>18724461
Not much chance.Even if the judge agrees that you gave her money, two things act against you.

1. You kept on giving her money even after she didn't repay the first loans. This is evidence that you had no real expectation of her paying and that, whatever you called them, you were thinking of them asd gifts.

2. You kept up the relationship even though she didn't repay. This is evidence that you forgave the loans.

The judge's conclusion will be that if you hadn't broken up you would never have demanded payment, and that you can't after-the-fact turn what were de facto gifts (for the reasons above) into loans.
>>
OP here
Spoke with an attorney. I have a case here. The only difference between a verbal contract and a written one is that a verbal one is harder to prove. However, if I explain the situation, telling the judge she agreed to pay me back after we broke up but then took it back after I found out she was cheating, it really attacks her credibility.
If I tell them she lived with me and didn't have to pay for rent, food, or utilities, I just expect these few specific things, it shows I'm not trying to nickel and dime her, but that we honestly had a contract.
Thread posts: 29
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