emmettgolf
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It depends on whether he can get the judge to believe that an implied, spoken, or written contract existed. It is hard to prove that a spokne contract existed when it's one word against the other. It is even harder to prove that an implied contract existed. You just have to try to win your case but, depending on the argument that the plaintiff makes, you could lose. |
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Jay
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He has the burden of proof that a contract (written or verbal) existed.
If he cannot show the judge (or jury) that such a contract existed, he can't win.
Your lawyer, if you choose to get one (might be a good idea, if the amount of money is high), can file a motion to dismiss on the grounds that no contract exists. Unless this person's lawyer can convince the judge that there was a contract, the judge may just dismiss. |
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Mickey F
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If you disagree with the amount, then you must have made some type of agreement for any amount to exist. It sounds like you are hiding something. Not good. |
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Sentient6
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There are more than one kind of a contract, they are not all written. Their is implied and verbal as well. If I were you I would talk to a professional becuase you could end up paying if you dont have a good deffence. |
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fdm215
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You don't give enough information. A contract can be implied by the parties actions in some cases. You may not be home free after all. |
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Jeff W
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If you failed to fulfill a contract, he does have a chance, whether you agreed on an amount or not. I know, because my wife and I won a small claims suit against a contractor. The contractor stated that he didn't owe us anything, the courts said otherwise. In fact, we were awarded more than we asked for. |
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lowclearence
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WOAH!!! Befor you go to court listen to me. It doesnt matter about contracts or anything... I GOT SCREWED> I helped a friend out of JAil as his bondsman.. I figured he couldnt pay rent money in ther and he was my roomate... As the bondsman you get it back after he goes to court and he is far from the trype of guy that gets arrested (pissed off ex gf). So I knew Id get it back... He moved out and stuck me with the apartment that was way outa my budget. He sued me for the bond money saying that he payed me back and I owed him the ckeck! (when the bondsman gets reimbursed) So I counter sued him for the rest of the rent HE WAS ON THE CONTRACT> Happens that he kinda started dating the apartmant manager and she took him off the lease WITHOUT MY PERMISSION and they all screwed me over! I had to pay twice for that Jerks Bail and I lost on on rent I SOOOOOO GOT Screwed. Thank god for parents or Id be in the poor house. ITs all what the Judge Believes... I think he was a bitter divorced mand cause it was a woman bashing fest! They even had my ex bf up they saying how bad I was to him... I was not and why would it matter anyways?
He said he paid me back in Cash... how convient! no proof and still he got away with it! |
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elaeblue
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You have as much a chance as he does of getting the court to agree. |
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Bunny Lebowski
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I'd say your chances are good if there's no proof that he can produce to the judge. |
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skwonripken
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If there is no proof or a written or oral contract...that's good.
If you have paid some monies to the other person...that shows that some type of understanding did exist.....that's bad.
If no money ever changed hands...that's good.
If you received something from the other person, which shows that you might be obligated to him....that's bad
If you are only disagreeing on the amount being demanded....that's bad. |
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cutelagayguy
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If there is no evedience he has no case. It has to be written, he has to give the court proof that you borrowed money from him. If not it gets thrown out. For your side just deny he gave you money, dont admit to it, since you have no recipt or evidence on your part too. |
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SirSmartAzz
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WAY to many variables to really give a solid answer but here goes:
If there is no promissory note, or contract, the best evidence the other party could provide would be canceled checks written drawn on a bank account. If the other party gave you cash, well they are quite foolish.
Evidence such as checks made out to you is not necessarily indicative of a loan, but it does show money exchanged hands. If the other party can also show via other evidence, testimony or witnesses that there was an agreement, or meeting of the minds, as to eventual repayment of the funds then they have a better chance of prevailing.
The lesson is put everything in writing or hire an attorney. this is not legal advice nor should such be relied upon as such, consult a local attorney if you need further help= my disclaimer
Good Luck |
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MS. PEG
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DURING YOUR CONVERSATIONS REGARDING THE MONEY, WAS THERE ANYONE ELSE AROUND THAT WOULD TESTIFY IN HIS BEHALF? IT DOESN'T SOUND LIKE HE HAS A LEG TO STAND ON HOWEVER, THERE ARE DIFFERENT LAWS FOR DIFFERENT STATES. CONTACT LEGAL AID AND ASK YOUR QUESTION. I KNOW IN MY STATE, HE WOULDN'T STAND A CHANCE. GOOD LUCK! |
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John R
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If he can't prove that you owe him he is wasting your and his time. so if this is the case you don't have to worry about it...do show in court if it comes to that. HOPE NOT,
good luck |
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Carlene W
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He has to prove to the judge that you owe him the money. |
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thomy8s
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Sounds like he's provided you with goods or service. That would imply that you owe him SOMETHING. The issue is apparently the amount. You should probably attempt negotiation before it comes to a courtroom issue.
Usually a small claims court will force the parties enter into arbitration before they will take it to trial. In that case, both parties would be court ordered to pay a professional arbitrator. This is not cheap, and in most opinions, wasted money.
You need sit down together, and iron it out before it gets out of hand.
Good Luck! |
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Ma Dukes
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While he may have to prove that you owe the money, you also have to prove that you don't owe the money. Take photos and document details. If taken to court, take these items with you and notarized statements if possible. |
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