Legal Question in Civil Litigation in California

Equitable Remedies/Unjust Enrichment

This case is based on a breach of an oral contract to

repay loan(s) that add up to a large sum of money. I

submit that the debtor has lived a very good life on the

money I lent him, so I seek equitable remedies for his

unjust enrichment on the loans I made to him. How

can I get my money back?


Asked on 9/21/04, 12:41 am

5 Answers from Attorneys

Re: Equitable Remedies/Unjust Enrichment

Sounds like you need to file a lawsuit against the person that you loaned the money to. Was there a written loan agreement or promissory note/IOU?

Do you have a paper trail showing that you loaned the money? How much is at stake.

You should determine the answers to all of these questions. Depending on the amounts involved you should probably get an attorney to represent you.

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Answered on 9/21/04, 12:58 am
Joel Selik www.SelikLaw.com

Re: Equitable Remedies/Unjust Enrichment

sue them for the money.

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Answered on 9/21/04, 7:14 am
Larry Rothman Larry Rothman & Associates

Re: Equitable Remedies/Unjust Enrichment

A lawsuit should be filed for breach of oral contract. It is possible that a pre judgment attachment of the defendants assets could be used.

We will need to know all facts and proof for your claim.

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Answered on 9/21/04, 9:42 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Equitable Remedies/Unjust Enrichment

Sue for breach of contract. You may contact me

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Answered on 9/22/04, 2:03 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Equitable Remedies/Unjust Enrichment

This sounds like a straightforward breach of contract case. Equitable remedies are not part of contract law, so theories like unjust enrichment won't get you anywhere -- unless, perhaps, you can also show fraud.

If you had a contract and the other side breached -- and you have not let the statute of limitations expire or otherwise compromised your position -- you can sue for breach of the contract. Since your question involves some more exotic remedies, my guess is that you believe there is some reason why a breach of contract case won't work. If that is the case and if there has been no fraud or other wrongful conduct beyond the breach itself, then there is probably nothing you can do.

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Answered on 9/21/04, 3:50 pm


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