What to do if a man owes me money for an item I gave him but I don’t have documentation of any kind on the terms?

The amount is $1700. I do have a mutual friend witness. How can I proceed? I want to take legal action though small claims courts.

Asked on December 6, 2012 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue him in small claims court. Loans made pursuan to oral agreements (nothing in writing) are legally enforceable. Obviously, it can be harder to prove the existence and terms of the loan if there is nothing in writing, but you can use your testimony, another witnesses' testimony, proof of payment (e.g. cancelled checks), etc. to establish your case. Good luck.


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