Legal Question in Credit and Debt Law in Texas

I am asking this question on behalf of my father. My father has a girl "friend" (they have a sexual realtionship). My father has loaned this girl friend totaling nearly $5000.00 in several different incidents. Many of these loans were sent to her via Western Union and or Moneygram, so he has these receipts. Their "relationship" is now on the rocks so to say and he wants to know if he has any legal way of getting these loans repayed. I will let you know that these loans were based on verbal agreements only. She has paid some portion of these loans beyond the $5000.00 mentioned above in the past. Often times he was wiring her money in her name to the casino's in Louisiana for the purpose of gambling and or getting a hotel room, because she would often become completely drunk while under the influence of alcohol. Does he have a chance at winning a suit against her with simply the receipts, or is it going to be his word against hers....him saying it was a loan and her saying it was a gift???


Asked on 9/23/09, 6:27 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

There's an old saying:

With a written agreement, you have a prayer;

With an oral agreement, you have nothing but air.

He could sue her for the debts, and HOPE that she would admit that the transactions were debts, but odds are she would claim they were gifts. I wouldn't bother with the lawsuits.

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Answered on 9/29/09, 7:03 pm


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