Legal Question in Credit and Debt Law in California

Verbal Contract

I was in a relationship and loaned by boyfriend money to help him consolidate his bills. We agreed to a set $ amount each month and he continued to pay for 15 months. I broke off the relationship and he is now stating we had no agreement, and has stopped paying me. I have a log of every check paid and amount, copies also of checks. On the checks I even have proof where he wrote in the remarks for ''Loan Payment''. Do I have a case to take him to court?


Asked on 4/18/04, 7:27 pm

3 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Verbal Contract

Yes.

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Answered on 4/18/04, 7:29 pm
Joseph Richardson Borton Petrini LLP

Re: Verbal Contract

You definitely have a case. The fact that he's made payments and you have a record of it is a great indicator that there was an agreement. Depending on how much money you're talking about, and assuming you can't work it out without suing (always preferable if possible)you have to figure out which court(small claims up to 5,000, superior court otherwise)you would sue him in.

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Answered on 4/18/04, 7:52 pm
Larry Rothman Larry Rothman & Associates

Re: Verbal Contract

A contract is valid even if oral. If you want assistance in the collection of this debt, please contact me at 714 363 0220.

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Answered on 4/20/04, 9:36 am


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