Legal Question in Credit and Debt Law in Virginia
Small claims suit for loan
Hello, and thank you for reading,
My ex-fiance has had papers served to me for a small claims court appearence. In January 2005, when we lived togeather, she wrote me a 3500 dollar check to cover bills. The money was from another account she holds. She is saying it was a loan, and as a verbal agreement wants an additional 750 dollars she says I owe her in additional child support. We've never been to court and I have paid her through my company 200 dollars twice a month and more when I left in January 2005. How can I defend myself in a small claims situation, and does she have a winning case?
1 Answer from Attorneys
Re: Small claims suit for loan
If your ex-fiance can present evidence of a written agreement for the loan, she may prevailin small claims court. However, if her only "evidence" is oral, then that's less likely to occur.
Your defense to her claims would be to present credible evidence to the court that you either paid all or at least a part of what she claims you owe.
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