Legal Question in Civil Litigation in North Carolina

i loaned a friend some money, and now they are saying it is a gift. all i have is a letter from the bank indicating funds were transferred from my account to his account using his name only as evidence. do i have a chance of winning my case filing a small claims?


Asked on 2/03/10, 5:08 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Yes you have a chance. It will be your word against your friend's. Probably, the magistrate will believe whomever seems more credible. I don't know what evidence either of you have and you should always put loans in writing but it doesn't change the fact that you could make a loan without anything in writing - however it just makes it harder to prove.

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Answered on 2/09/10, 5:04 am


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