Legal Question in Credit and Debt Law in Virginia
Personal loan (debt)
I lent $500 to a friend 6 months ago and have been unalbe to get him to pay me back. Can I file any type of legal action if I have a witnesss and proof (telephone messages) that he admits to owing me the money?
2 Answers from Attorneys
Re: Personal loan (debt)
I am assuming that both of you live in Virginia.
But, yes. Go to the clerk of the court of the
general district court in the county where you
live (or maybe where the debtor lives) and ask
them for the forms to file a case in small claims
court. You can claim up to $2000 in small claims
court. No attorneys are involved in small claims
court.
A verbal contract is every bit as enforceable as
a written contract... except that if the debtor
denies it you have the problem of proving that
the verbal contract really happened. If you can
prove it, however, it is enforceable. (There
are exceptions involving the sale of land and
and long-term contracts such but that is not
relevant here.)
Here, do you have a canceled check that you wrote
to him? It is a lot easier to show that you
lent him money than to prove a more complicated
contract.
Re: Personal loan (debt)
The messages on your machine ought to be admissible, so take him to small claims court (your local General District Court).