Q: Can a friend sue me for failure to repay a loan without a contract or any signed document?
I live in Florida and borrowed money from a friend in California. I borrowed the money to downsize from a home to a more affordable apartment. I had every intention of repaying the loan however the Pandemic has killed my job. Can my friend take me to small claims court and sue me for the money? We did not sign a contract and the only documentation is text message. When my friend loaned me the money they stated pay what I can when I can so can I be prosecuted in any way? Please note that I do not own any assets, not even a car. Would a Judge feel that my friend has reasonable expectation of repayment? Can I be prosecuted legally?
A: Yes, your friend can sue you for what you borrowed. A written contract is not required and a text message is a writing in any event. It is very unlikely that you can be prosecuted, if what you mean by that is being charged with a crime. And a judge doesn't decide if you can repay, the judge simply decides whether or not you owe the money.
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