Legal Question in Credit and Debt Law in Virginia
repayment of loan
An ex-fiancee borrowed a large sum
of money from me. He orally,
unfortunately, acknowledge that it
was a loan and would repay. He then
on purpose lost contact with me. I
recently ''found'' him on a social
network. What action can I take to
get my money back?
2 Answers from Attorneys
Re: repayment of loan
I assume he is still in Virginia? You need to get a physical street address. (But don't give up if you have trouble there. it is too difficult to explain quickly, but you do have other options if you have an old address or whatever.)
But try to get an address.
What do you consider a large amount of money? If the amount is $15,000 or less you can file a lawsuit in General District Court which is fairly easy... if you can figure out how to fill out the forms.
If you ask the Clerk what goes where on the form, they will tell you almost everything you need to know.
If you ask the Clerk for "advice" of any sort, they will clam up and hide under the counter, because they cannot give legal advice. (just kidding about the counter.)
So HOW you ask is very important. Just ask what information goes where on the form, and you will be okay.
However... you will have trouble proving that he owes you the money, that it was a loan not a gift.
Oral contracts ARE (usually) enforceable, but as someone once joked "They are not worth the paper they are written on."
That is because if he says one thing and you say the opposite, it is a tie. And you have the burden of proof, so you lose in a tie.
However, if someone witnessed him say it to you, or if he admits it again on the social networking site or some other way, then you have more evidence than he does.
Re: repayment of loan
The easiest thing to do is to hire an attorney and file suit. Oral contracts are as valid as written ones, but harder to enforce without witnesses. I assume you have copies of the checks, good records, etc.