Legal Question in Credit and Debt Law in California

small claims court collections

Thank you for your time:

I was wondering if I would have any stand in a small claims court against my ex-boyfriend. He owes me a total of $1700 (plus interest)- part I gave to him as cash and the rest I let him put on my credit card (throughout the course of a year). I have statments showing the purchase of exhaust for his motorcycle, gas, food, etc, but these are just credit card statements and there are no hard copies with his signature. We had a verbal agreement that he would pay me back, I have been trying to collect for over a year, at first he just made excuses to delay payment, and he is now refusing. Do I have a chance in court without recepits with his signature to prove they were his purchases? Is a verbal agreement binding law? If I have a chance to get my money back I would love to get it, but I don't want to make a fool out of myself and take him if there is no chance in court. Thank you so much for taking the time to read this and for offering any advice you may have.--name removed--C.--name removed--


Asked on 11/15/06, 5:03 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: small claims court collections

It depends on whether the judge believes you. If you have credit card statements, you can show the judge what you spent on. Make sure to tell the judge there was a verbal agreement, when you agreed that he would pay expenses, etc. It's worth it to give it a try, I suppose. If the judge believes you that there was an agreement, you should win. Then you'll have to try to collect.

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Answered on 11/15/06, 5:37 am


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