Legal Question in Mediation in California

Refusal to repay a loan

In July 2004, my former supervisor borrowed $1200 from me. We had a verbal agreement that she would repay that amount within six months. Unfortunately, she has never paid back the loan, nor does it seem does she intend to.

I no longer work with her, but I have repeatedly attempted to contact her concerning repayment. I sent her a certified letter asking for repayment which she received but did not respond to. And the subsequent certified letters I sent her were all rejected.

It has been over a year and I have now filed a small claims court case against her. I have the check which indicates the amount she borrowed from me however, because it was a verbal agreement, I have nothing to prove that it was a loan.

How can I present my case?


Asked on 12/09/05, 10:17 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Refusal to repay a loan

As the plaintiff, you would have the burden of proof based upon the judge's preponderance of the evidence presented. So, you would need to present your case with as much evidence and/or witness testimony to support your contentions that the $1200 was in fact a loan rather than a gift. This can be done fairly easily if there is no personal relationship between you two, now or then. If you would like efficient, affordable assistance in arguing your case, contact us directly.

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Answered on 12/09/05, 11:43 pm


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