Legal Question in Civil Litigation in Colorado
Verbal Loan/prepayment for work
I am being sued for what the plaintiff is calling a loan given to me 2 yrs 5 months ago. The money was actually given to me as prepayment for work done by me for that person's business in the following two months to pay it off. The checks were written from his business acct, but I assume never reported to the IRS. Do I have a chance and what would be helpful in court to prove I do not owe this money?
1 Answer from Attorneys
Re: Verbal Loan/prepayment for work
Unfortunately, your question leaves out many important details necessary to give you a really meaningful response.
What was the amount of the payment at issue?
Is there any written record of the agreement to prepay you for the work?
Did you actually do the work?
Did you ever provide an invoice or receipt to the Plaintiffs' business for work completed?
Are there witnesses who can testify that you actually did the work?
Were you paid at any other time or in any other way for the work you did?
What kind of work was it and can you demonstrate that the "fair market value" of the work you completed was equivalent to the money you were paid?
Did you report the funds received as income on your tax records or treat it as a loan?
L. Eric Lundgren
Lundgren Law Offices, P.C.
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