Rio Linda, CA asked in Small Claims for California

Q: Can I get money back that I loaned without a contract?

While I was with my now ex boyfriend he asked to borrow about 2,800 to fix his car. He said he would pay me back around tax time. He then borrowed another $1,000 to help out a friend which he told me he would pay back. I have a text where he told me how much he needed for the first amount and bank withdrawals for both amounts. I also have a text where he said he will have pay me back although the amount I don’t think is mentioned. I have tried contacting him several times through text message and even sending certified letters to his last known address and his work with no response. If I take it to court with the texts that I mentioned I have and the bank statements is that going to be enough evidence to sue him and win? Or will it not be enough without a contract?

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: Your burden in court will be to convince the judge that is it more likely than not that you loaned the amounts you claimed, and that you have not been repaid when the loans were due. So, you could win with the evidence and your testimony. Of course, the judge will listen to the defendnat's side and view his evidence (if any) also.

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