Legal Question in Civil Litigation in Oklahoma

i am going to civil court and being sued for 1700 dollars that was given to me we did not write anything on paying it back i tried to give her 300 dollars once and on another time i tried to give her 400 dollars she said no on both times saying she wanted it all at once and now is sueing me for it ,what can a civil court make me do on this and since there is nothing in writing and that she declined payments twice what can i expect


Asked on 6/16/10, 7:04 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You say twice that you have nothing "in writing", but you don't deny that there was an oral agreement for you to repay the money. Oral contracts are usually enforceable, so the lack of a written agreement isn't going to win the case for you.

If you agreed to repay the money when she gave it to you, whether in writing or orally, she has an enforceable agreement and the court can make you pay it back.

Your prior attempts to give her only a fraction of the money will not help you, especially if you were trying to resolve the entire claim that way. You may have other defenses -- for example, if the statute of limitations has run -- or there may be other reasons why you should win the case. But your reliance on the lack of a written agreement is not likely to do the job for you.

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Answered on 6/16/10, 10:26 am


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