Legal Question in Civil Litigation in New York

Undocumented Loan

I loaned a fair amount of money to a one time friend, who I am now not on speaking terms with. He recently told a mutual friend that he has no intention of paying that money back to me. I had simply wrote a check, and did not have him sign any contract. Do I have any legal recourse to retrieve my money?


Asked on 12/06/04, 10:19 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Undocumented Loan

If you have the cancelled check you can use it as evidence that you made the loan. There is a presumption that any money given to a non-relative that is not for services or goods is a loan, so your "friend" would have to present evidence that the money he received was not a gift or for work done. In short, if its worth it to you, you could sue. You may not win, but its not an impossibility.

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Answered on 12/07/04, 9:39 am
David Slater David P. Slater, Esq.

Re: Undocumented Loan

I doubt it.

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Answered on 12/06/04, 10:35 pm


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