Legal Question in Credit and Debt Law in Georgia

Hey someone owe me $1360 and the person his refusing to repay. We sign a contract for the $1000 but not for the $360. But I have the person atm receipt showing that the person made a deposit of $360 in their checking. Do I have enough proof to sue the person? Will I win the case? I tried to collect my money by negociating but the person won't return my calls or texts. Thank you.


Asked on 3/09/13, 8:27 am

5 Answers from Attorneys

Paula McGill Attorney at Law

You will have two separate claims (same lawsuit): (1) breach of the written contract; and (2) breach of the oral contract. By way of examples, the evidence that may assist in your case is as follows: the contract, the ATM receipts, your bank slips, any texts and e-mails, any witnesses regarding subsequent conversations regarding the debt in which defendant was involved; etc.

You present the evidence a trial, the person may appear and launch a defense, and the judge will determine if you met your burden of proof.

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Answered on 3/09/13, 9:44 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You can certainly try, and a judge will decide whom he believes.

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Answered on 3/09/13, 10:27 am

As to the $360 - you have nothing in writing. While you may be able to show that you gave money, you cannot prove that the $360 was part of a loan. As noted by Attorney Ashman, you can try. It will be up to the small claims magistrate to decide.

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Answered on 3/11/13, 1:07 am

As to the $360 - you have nothing in writing. While you may be able to show that you gave money, you cannot prove that the $360 was part of a loan. As noted by Attorney Ashman, you can try. It will be up to the small claims magistrate to decide.

Read more
Answered on 3/11/13, 1:07 am

As to the $360 - you have nothing in writing. While you may be able to show that you gave money, you cannot prove that the $360 was part of a loan. As noted by Attorney Ashman, you can try. It will be up to the small claims magistrate to decide.

Read more
Answered on 3/11/13, 1:07 am


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