Legal Question in Civil Litigation in Pennsylvania
loan agreement via the internet?
I loaned my so called boyfriend well over $2000, over a 10 month period of time. The money was asked for over the phone or the internet. I have saved internet conversations where he asked for additional money and where we discussed the total amout due and repayment methods. Now I have found out that it was all a game to him and he was ''playing'' me and refuses to pay me back. He says the internet conversations will not hold up in court. My question is, will they? In addition, I have the money transfer reciepts.
1 Answer from Attorneys
Re: loan agreement
A contract is formed when two or more people agree to perform certain acts with each party receiving a benefit. The contract can be oral or written.
What you have described is an oral agreement to lend money which is evidenced by writings. Any e-mails sent by him, which indicate that they were sent by him, should be admissible against him. In any event, you can certainly testify what your agreement was.
In order for the contract to be enforceable so that you can sue based upon it, it must contain material terms. One important term for a loan is the method and period of repayment. The difficulty you may have is proving that this was indeed a loan, and not a gift. If it was a loan, when was he supposed to repay you? Were you entitled to interest? These are questions which must be answered for the court to enforce it.
To enforce the contract, you can sue him at the district justice. Check your blue pages or consult an attorney to determine the appropriate district justice.
I trust this has been helpful, but feel free to call or e-mail with any questions.
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