Legal Question in Civil Litigation in California

Information

I lent my parents over $1500 over the past two years. They promised that they would pay it back. Right now were are having problems where they are always fighting with me. I want to move out bt can't afford it. They threaten to kick me out of the house over petty differences like letting my 18 year old brother to drive one of their bills to the collectors instead of me. My question is this:

Without written proof can I demand the money I lent them?


Asked on 10/30/02, 9:41 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Information

You can demand the money without written proof. You can file a lawsuit and win, even without written proof. A writing would probably make your case stronger, but raising your right hand and testifying that you loaned them money could be enough.

In cases like yours, the other party usually argues that the money was a gift. You have the burden of convincing the judge (small claims) that the money was a loan and NOT a gift.

Read more
Answered on 10/30/02, 9:54 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Information

Oral agreements are valid. You can sue, but it will be nasty and they may claim that this was for rent. Your best bet is to save enough many and move out.

Read more
Answered on 11/01/02, 2:31 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California