Hey someone owe me $1360 and the person his refusing to repay. We sign a contract for the $1000 but not for the $360. But I have the person atm receipt showing that the person made a deposit of $360 in their checking. Do I have enough proof to sue the person? Will I win the case? I tried to collect my money by negociating but the person won't return my calls or texts. Thank you.
Answer
You will have two separate claims (same lawsuit): (1) breach of the written contract; and (2) breach of the oral contract. By way of examples, the evidence that may assist in your case is as follows: the contract, the ATM receipts, your bank slips, any texts and e-mails, any witnesses regarding subsequent conversations regarding the debt in which defendant was involved; etc.
You present the evidence a trial, the person may appear and launch a defense, and the judge will determine if you met your burden of proof.
Answer
You can certainly try, and a judge will decide whom he believes.
Answer
As to the $360 - you have nothing in writing. While you may be able to show that you gave money, you cannot prove that the $360 was part of a loan. As noted by Attorney Ashman, you can try. It will be up to the small claims magistrate to decide.
Answer
As to the $360 - you have nothing in writing. While you may be able to show that you gave money, you cannot prove that the $360 was part of a loan. As noted by Attorney Ashman, you can try. It will be up to the small claims magistrate to decide.
Answer
As to the $360 - you have nothing in writing. While you may be able to show that you gave money, you cannot prove that the $360 was part of a loan. As noted by Attorney Ashman, you can try. It will be up to the small claims magistrate to decide.
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