Legal Question in Credit and Debt Law in California
what if someone file a claim against me?
i owe someone money but i didn't
write anything in paper that I owe
him. I only had the transaction that
shows I deposited his check into my
account. And also I wrote him some
email told him that i would payback
when I have money but I never
stated how much I owe him. And
yet, i still don't have money to pay
him. Now he is filing a claim against
me, what should i do? Can he really
charge me with the evidence that he
has with the transaction? What will
happen after he file the claims
against me?
1 Answer from Attorneys
Re: what if someone file a claim against me?
I'm not totally clear on what you are asking. Are you asking should you lie to a Court of Law and tell them you didn't borrow the money? If that's your question, the answer is emphatically no - perjury is a serious crime. The plaintiff (the guy who loaned you the money) simply has to prove to the Court that he loaned you the money, and that you agreed to repay it. Agreements to loan money do not always have to be in writing, and further, your email is corroborating evidence of some agreement to accept a loan of money and repay it. You seem to indicate his evidence if flimsy - did he write you a check or get a cashier's check for the money he loaned you? All he has to do is ask you under oath if you borrowed money from him, and unless you lie (see above), you will have to admit that you borrowed the money. If he files a claim against you, I predict you will lose and have to repay the money. I would suggest that before it reaches that point, work something out with him to repay the debt over time.
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