Legal Question in Civil Litigation in California

I recently loaned my ex $3000 for a down payment on a car. I have proof of this loan in the form of a check, but i never made her sign a contract, and now she refuses to pay. Can I take her to small claims court, and do I have a chance?


Asked on 5/02/12, 9:33 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Yes, and yes. Your ex may claim that the money was a gift, or she may come up with some other reason why she should not have to pay you back. The judge may even rule in her favor. A written contract would have left you better able to protect your interests, but you can still take your ex to court and see what happens.

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Answered on 5/02/12, 11:43 am


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