Legal Question in Civil Litigation in Virginia

Re: Loaning Credit

The statute of limitations in the Commonwealth on an oral contract is three years; five on a written one.

A verbal agreement can be every bit as binding as a written one---providing that the plaintiff can offer proof sufficient to persuade the trier of fact. Whether you would have such sufficient proof against your former boyfriend(assuming he denies everything) in the situation you've described would appear problematical at best. As against his mother, I would give it only a slim chance at most(assuming, of course, that she also denies all responsibility).

Re: Loaning Credit

Verbal agreements are binding, if you can prove

them. If you say there was a verbal agreement

and the other person denies it, then it's a

stalemate and because you have the burden of

proof you lose. But if you can prove the

agreement, then it is enforceable.

However, a verbal contract is NOT enforceable in

certain situations. Guaranteeing the debts of

another is one exception.

As a result you cannot sue the mother. She

received no benefit other than to promise to

pay the debts of her son as a guarantor (surety).

Therefore, her promise is not enforceable

verbally.

However, since your boyfriend actually used

the car, and apparently you did not, you could

sue your ex boyfriend for the cost of the

car that he was actually using. That oral

contract would be hard for him to deny,

because he was actually using the car.

It is NOT an obstacle that he has moved out

of Virginia. You can still sue in Virginia

using the last known address, and get a

court judgment. To collect, you might have to

take the judgment to the State where he lives.

But it is not impossible to go collect from him.