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?


Asked on 4/05/09, 8:21 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/06/09, 12:45 pm


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