Legal Question in Criminal Law in Missouri

Laws Governing Verbal Contracts

Approximately 3 months ago, a co-worker loaned me money. I have been trying to repay the loan, but have been unable due to my minimal income and my wife not working. The co-worker has threatened me many times, saying she will take me to court, come to my house, send her friends to my house, and she even has made scenes at my place of employment, all in an effort to collect the money. I have consistently told her I am trying very hard to repay her, but this seems unsatisfactory to her. There are no contracts nor anything in writing stating she loaned me money, how much it was or even that I will repay her.

My question is, how can I keep her from disturbing me at work and home, and is there a legal way in which I can handle this situation without having contact with her?

Thank You.


Asked on 6/24/03, 1:37 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Laws Governing Verbal Contracts

Obvously, the easiest way is to pay her. That may bnot be possible. But, you probably can start paying her. If she still seems unlikely to be exercise more patience, you should borrow teh money to pay her from someone else, who would be more patient.

If these don't work, then you need to have someone contact her on your behalf. They could explain how much money you will be sending or giving to her and how often. You did not mention how much money you boroowed, nor how soon you agreed to pay her back.

There are laws that specifically protect you from unscrupulous loan collector actions. However, since she is trying to collect her opwn loan, they don't apply to her. You are protected, by the laws that prohibit assault. That my take care of whatever she intended her friends to do to you whne she was going to send them over.

She may be able to take you to court and win a judgment agaisnt you. There is a statutory limit to the size of amoney debt one can collect without there being any writing. As I don't know the size of the loan, I can't tell if it applies. Nonetheless, you may be mistaken about there being any written proof. The law only requires awriting signed by the person to be held responsible (you) If you were to print out your email to the listserv, and she got ahold of it, that would suffice, becasue you had electronically signed it. If you have or do send her a note saying that you can't pay her back now, or can only send her so much, might suffice as a writing to prove up the loan.

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Answered on 6/24/03, 2:04 pm


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