Absecon, NJ asked in Contracts for New Jersey

Q: I loaned a friend $4000 from my 401K. We had a verbal agreement but nothing in writing.

He promised to pay me back and I agreed. I do not have it in writing however I have numerous text messages where he asked for the loan, promising to pay me back and us speaking about the loan itself. I also have messages where he refers to the 401k check coming in the mail. Are these text messages submissable and what else do I need to do to prove that there was in fact a loan? I live in NJ.

Related Topics:
1 Lawyer Answer
Jake Causing Santos
Jake Causing Santos
  • Mount Olive, NJ
  • Licensed in New Jersey

A: The texts and the message from your friend are probably admissible in court to prove the existence of the loan. Other useful evidence would be testimony from other people that were present when you made the verbal agreement. Evidence showing that you actually gave the money to your friend (such as a check made payable to friend) may be useful. Also, testimony from other people that your friend admitted to them that your friend acknowledged the existence of the loan might also be admissible. This information is general in nature and not a substitute for advice from an attorney that has thoroughly reviewed all the facts of your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.