Legal Question in Credit and Debt Law in California

Oral contract in small claims court
Over 18 months, I lent around $5000 to a close friend. This was mostly charges to my credit cards for cash advances and payments to her bills. I did this with the mutual agreement (orally) that she would pay me back at a later date (date not yet agreed upon). I had a falling out with this person and attempted MANY times to come to an oral and written agreement on this loan, with no success. I have many e-mails where she states: that she owes the money and promises to pay all + interest, that she promises to sign a promissory note (which i drafted and mailed to her). none of this has happened because she will not agree to my total loan amount, and although she has paid a fraction of the money owed over the last year, i intend on taking her to small claims court. should i continue trying to get her to sign the promissory note (which is proving to be very difficult) or just go to court with what i've got? I also have accurate documentation to support all the dollar amounts of the loan, but only the returned checks are proof that I gave that money to her (and that amount is very little compared to what is on my credit cards). what are my chances in small claims court?

Asked on 9/04/01, 6:55 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Oral contract in small claims court

its a good case, go to court.

Answered on 10/26/01, 2:18 am

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