Legal Question in Credit and Debt Law in Virginia

Someone borrowed money from me about a year ago, this person said they would pay me back six months after he borrowed the money. I have be waiting and asking for my money back, but this person refuses to pay me back. How should I handle this situation?


Asked on 5/12/10, 12:29 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

The most difficult part of this is that (as I understand it) they agreed verbally to pay you back.

Some people joke that a verbal contract is worth the paper it is printed on. That is because it is hard to prove.

A verbal contract is as valid and binding as any written contract (except for certain things like the sale of land). However the problem is PROVING it. If you say yes, and they say no, then it is your word against theirs. The evidence is 50% yes, 50% no. You have the burden of proof, so in a tie you lose.

SO the important issue is getting proof or an admission that they did borrow the money and they did promise to pay it back.

Of course if you wrote a check, that would be very important. Get a copy of the check from the bank.

You may have to develop evidence by talking to the person who lent you money.

You should bring a witness with you and talk to him or her, and let the witness hear the conversation.

But if you let them know what is going on they might clam up and start lying.

So you want them to admit very candidly and honestly without any tricks or games.

If you can get them to admit before a witness or in writing (maybe an email) that they owe the money, even if they are saying they won't pay, then you can easily sue to get the money back.

You can file a suit in Geenral District Court.

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Answered on 5/17/10, 3:00 pm


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