Legal Question in Credit and Debt Law in Massachusetts

just a check

I lent someone $3000, I live in Massachusetts. All I have is the check for proof. This money was lent to help them with a legal matter that is on going. Do I stand a chance of getting it back?


Asked on 2/13/08, 10:17 pm

3 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: just a check

In short, yes, depending on your meaning of "chance". The fundamental factors which are determinative of a successful lawsuit are; 1) the quality of evidence, 2) the applicable law, 3) the facts giving rise to the legal conclusion and 4) the economic positions of both parties. In your case, it seems you may have a problem with the quality of evidence, since the only probative evidence on whether the check represented a gift or loan is testimonial ( "he said/she said" or your word against the borrower), as opposed to documentary ( a written agreement).

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Answered on 2/15/08, 11:17 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: just a check

You can either file a claim in small claims for up to 2,000 or in district court for the full amount.

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Answered on 2/14/08, 12:16 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: just a check

Henry is correct regarding his description of which court would have proper subject matter jurisdiction over your case.

But to answer your question, in order to stand a chance, you will need to establish that the $3,000 was in the nature of a loan and not a gift.

Your friend, of course, will attempt to establish that it was a gift.

Any markings on the check (i.e., "loan" in the memo line) will be helpful in proving your case, as will any e-mails, letters, or statements by your friend referring to it as a loan or promising to pay you back.

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Answered on 2/14/08, 7:18 am


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