Legal Question in Credit and Debt Law in Massachusetts
My wife lent a sizable amount of $$$ within the last few years. He now claims that we never gave him any money and thinks he owes us nothing. Unfortunately my wife paid him in cash. The only indication I have to show when and how much money we lent him is in her checking/savings account. I wonder if we go to ncourt or not, could we get a court order to see if he deposited cash in his bank accounts approximately corresponding to our withdrawals
1 Answer from Attorneys
Thank you for your question.
There are a number of ways you might prove the loan was made. First, you have your verbal testimony and the corroborating testimony of other witnesses. Secondly, once a lawsuit is filed, you have the right to ask the other party questions about events and documents under oath. You also have the right to request information and documents from the other party, and even to subpoena documents from their bank account. Reach out to an attorney if you are interested in pursuing the matter. There are time limits on filing suit to collect a debt, so do not delay.
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