Legal Question in Civil Litigation in California
Repayment of a personal loan
My boyfriend and I took a trip with totaled about $2400 plus additional expenses (like subway passes and room service in the hotels). I paid for everything on my credit card, and we agreed that he would pay me when he had the money. I haven't received anything, and now that it looks like we are close to breaking up, he has threatened to not pay me back the $1200+ dollars. What chances do I have of winning in small claims court? Also, he owes me $159 from about two years ago. Can I sue for that, too?
3 Answers from Attorneys
Re: Repayment of a personal loan
Your chances in prevailing in small claims court can be quite good, as both valid oral and written agreements are enforceable in the eyes of the court. Written agreements are alot easier to prove obviously, but even oral agreements can be proven under a proponderance of the evidence standard, even though oral gift v. loan agreements/arguments can be alot "trickier" per se.
Re: Repayment of a personal loan
I'm just curious when the agreement took place to pay you back the $1,200.00 - before it was lent to you or after? Without consideration for his promise, it might just be an unenforceable statement of his good intentions.
Re: Repayment of a personal loan
Considering the cost of small claims court, you should give it a try. Aside from considering the contract issue, courts do also try to look at what is fair.
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