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can i make a case in court for this?
I let someone borrow money from me via a bank check. I made the person sign a paper I prepared that read as follows; I "signature" here do promise to payback "my name here" throughout the course of the next year. He lent me the sum of "sum here" in order to help my family through a crisis.
Sincerely,
"signature"
Date: 4/13/07
Could this help me in any way in making a case for my money?
6 Answers
- 1 decade agoFavorite Answer
Absolutely. You have a written contract. this can do you no harm. However, the only important term that I see missing is a repayment schedule. If you have something in there to the effect that the money is to be paid back by XXXX date, you will have a much stronger case. But, even if you dont have it, the law will presume that the money should be repaid in a seasonable amount of time.
Looking at what you said, the contract was dated for 4/13/07. In most cases, a judge will more than likely determine that 1 yr is more than a seasonable amount of time for repayment.
It appears that you have a strong small claims case against your buddy. Most small claims can be handled without the need for an attorney. Go to your local small claims court and the clerk should be able to assist you in filing a complaint.
If you are successful, you will get a judgment against him/her and then be able to execute that judgment is some fashion (i.e. garnishment; attachment, etc) in order to recover your money.
Now, I must inform you that I am not an attorney and am in no way providing you with legal advice. If you need legal advice, you should contact an attorney licensed to practice within your jurisdiction.
Source(s): 1st Year Contracts - <3 Mummy of 2 <3Lv 41 decade ago
i cant see why not, as an agreement with signatures there is every reason to make a case of it. my parents made a case of a similar situation even though there was no agreement.
- Anonymous1 decade ago
of course. It keeps him from saying there was no loan in small claims court... or as the deadbeats say on Judge Judy....it was no loan,.... it was a "gift"
- 1 decade ago
Absolutely! it'll help you win your case. file small claims, bring that note, your sure to win. good-luck!
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