I'm contemplating taking a friend to small claims court?

  • Thread starter Thread starter Minichyna
  • Start date Start date
M

Minichyna

Guest
I assisted him in purchasing a laptop for school with the understanding that he would pay me back. Now, he's trying to negotiate down the money he owes me and has only pad me $50 of the $500 he owes. I have a receipt which shows the purchase price of $669.98 and he had paid $169.98 on his Visa and the remaining $500 on my card. Because there are no names on the receipt, just the last 4 digits of each card, how can I prove to the judge that the Visa transaction is his to show his involvement? Will the bank at-least verify the holder of the account to me if I ask so I can show his involvement?
 
That's not true. It will HELP the case, but paying back some is NOT "proof" that he agreed to pay it all back. If he goes into court and says, "your honor. I only agreed to pay 169.98, and he agreed the other $500 was a GIFT. That's why he put it on HIS card". Or "well, he said the WHOLE thing was gift. And, I felt guilty, so I decided to give him $50" or "The whole thing was a gift. That $50 I gave him was for dinner and had nothing to do with this" Then you're going to have a hard time proving he agreed to pay the remaining $500. The burden of proof is on YOU to prove that it was a loan and not a gift. And, sounds like you can't prove that.

And that is why you A) don't do business like that with a friend and B) if you do, always get everything IN WRITING so there is no question of the agreement.
 
Back
Top