Legal Question in Credit and Debt Law in Virginia

Personal loan (debt)

I lent $500 to a friend 6 months ago and have been unalbe to get him to pay me back. Can I file any type of legal action if I have a witnesss and proof (telephone messages) that he admits to owing me the money?


Asked on 9/13/05, 10:16 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Personal loan (debt)

I am assuming that both of you live in Virginia.

But, yes. Go to the clerk of the court of the

general district court in the county where you

live (or maybe where the debtor lives) and ask

them for the forms to file a case in small claims

court. You can claim up to $2000 in small claims

court. No attorneys are involved in small claims

court.

A verbal contract is every bit as enforceable as

a written contract... except that if the debtor

denies it you have the problem of proving that

the verbal contract really happened. If you can

prove it, however, it is enforceable. (There

are exceptions involving the sale of land and

and long-term contracts such but that is not

relevant here.)

Here, do you have a canceled check that you wrote

to him? It is a lot easier to show that you

lent him money than to prove a more complicated

contract.

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Answered on 9/19/05, 10:07 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Personal loan (debt)

The messages on your machine ought to be admissible, so take him to small claims court (your local General District Court).

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Answered on 9/14/05, 12:47 am


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