Legal Question in Legal Ethics in Indiana
Legal recovery of monies loaned to person.
While being employed I made a series of loans to my supervisor. This relationship turned out to be romantic in nature and over a period of 6 years some 70,000 dollars was invoulved.Being that we both were Federal employees the relationship was kept secret, except for family and some friends. When the relationship was becomming unproductive the supervisor refused to sign documents acknowledging these monies.There are people whom witnessed some of these monies, but more directly this supervisor always mailed most ,approx 90%, of these funds to thier out of town account.This supervisor tried to discredit my character through thier other contacts at work. At this time I was retiring on disability from work and couldnt jepordize my ongoing case. I was officially retired on Dec.21,2001. I have three questions:
1.What can I do to try to collect some of these funds.
2.Under what law or code can I further research this issue.
3.There are lump sums I loaned, as much as 12,000 at a time, and several other sizeable sums.I also contributed monthly payments as well, arent these bank records available if I pursue this in court.
I thank you for your time and look forward to hearing from you.
1 Answer from Attorneys
Re: Legal recovery of monies loaned to person.
The major problem with your situation is that the money transfers may look like gifts when things were OK being converted to loans when they are not.
Collecting a legitimate debt from another requires courtroom-quality proof to a preponderance of the evidence.
Although such a debt may sometimes be established by verbal testimony, often there is not sufficient proof to prevail in situations such as you describe.
Why not have your situation evaluated by a professional before you go further. Initial consultations/case evaluations by a lawyer are usually done at no cost - ask first. Good luck.
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