Legal Question in Civil Litigation in Georgia
if i had a verbal agreement to pay back a friend some money and he is now deceased and his family took me to court to get the money back, would i still have to pay? there is no written agreement or contract of any kind.
3 Answers from Attorneys
Since you admit you owe the money, you are either an honest person who honors your obligations to the man's estate, or you are something other than that.
First of all if you're an honest person and not a deadbeat, and you owe the money, you'd be a good person and pay.
If your question is can you scam them and try not to pay, and make them sue you, sure, you can be a jerk. Whether you win or lose depends on whether they can prove that the money was loaned.
The family has to produce evidence that you owe the money. (e-mails, witnesses, letters, checks, etc.) The problem with bringing a claim is authentication of evidence and hearsay. One way to overcome that problem is to sue you in State or Superior court where they can serve you with interrogatories (written questions).
Assuming you don't want to pay, and they don't have the evidence to prove the debt, the court may find in your favor. If there is a substantial amount of money, you may consider hiring an attorney to properly defend you in the case.