Legal Question in Credit and Debt Law in Florida
loan by verbal agreement
I entered into a verbal agreement with a friend to loan them $2500. I agreed to being paid back in 30 days. The other party indicated they didn't need 30 days that I would be paid back in full in two weeks. AFter almost one month, an attempt was made to pay me back but the check came back NSF. The bank put it through several times and it still came back NSF. Is my verbal loan agreement binding and how should I proceed? Do I need an attorney or should I file in small claims court? What are my chances of recover?
1 Answer from Attorneys
Re: loan by verbal agreement
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You can sue for the amounts owed. Because the full amount was supposed to be paid in less than one year, it did not have to be in writing. You can sue on the oral agreement.
You can also sue on the bad check and seek treble damages under Florida Statutes. You will need to send a letter with the statutory language demanding payment or else you will seek the treble damages that the law provides and send it by certified mail.
Scott R. Jay, Esq.
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