Legal Question in Civil Litigation in New York
Undocumented Loan
I loaned a fair amount of money to a one time friend, who I am now not on speaking terms with. He recently told a mutual friend that he has no intention of paying that money back to me. I had simply wrote a check, and did not have him sign any contract. Do I have any legal recourse to retrieve my money?
2 Answers from Attorneys
Re: Undocumented Loan
If you have the cancelled check you can use it as evidence that you made the loan. There is a presumption that any money given to a non-relative that is not for services or goods is a loan, so your "friend" would have to present evidence that the money he received was not a gift or for work done. In short, if its worth it to you, you could sue. You may not win, but its not an impossibility.
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Re: Undocumented Loan
I doubt it.
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