Legal Question in Civil Litigation in Nebraska

Payback of Money
A few years ago I was having some financial problems. A friend of mine kindly deposited $1800 into my acct to help me out. At that time made no mention of when the money needed to be repaid. Since then we are no longer friend and she is now taking me to small claims court for repayment. There was not written agreement and all she has as proof is that she deposited it into my acct. This was all done verbally. I am in no position now to repay her nor did I know that she would be taking this sort of action. How do I plead my case in small claims court? Will I be liable since there is nothin in writing?

Asked on 3/20/08, 8:24 am

David Tarvi n Tarvin Law Office

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Re: Payback of Money

Just claim it was a gift. Simple as that. She is the one with the burden to show it was a loan.

Answered on 3/20/08, 12:49 pm

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