Are voicemailsand emails enough to collect money loaned to a friend or do I have to have a signed document?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Are voicemailsand emails enough to collect money loaned to a friend or do I have to have a signed document?

A longtime friend owes me $13,500. He sought financial help and said he could pay back 2 months ago. I don’t have a signed document that it was a loan butI have several voicemails, a ton of text messages and several emails of him acknowledging it was a loan. He said that he is sorry and that he is paying me back and that he has the money, etc. Claims he sent a bank money order but it got “lost in the mail”. What can I do? Are the voicemails, etc. enough proof that he owes me now?

Asked on December 7, 2011 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As a general matter, oral (also called verbal) agreements are enforceable, including oral loan agreements, though they obviously pose certain challenges, compared to written ones, in terms of proving their existence and provisions. However, there is what is called a "statute of frauds." This varies state-by-state, so it is impossible to say, based on what you have written, whether this will be an issue in your state (you may wish to repost your question, identifying your state). The statute of frauds requires certain kinds of contracts or agreements to be in writing to be enforceable. In some states, only very specific ones, such as real estate sales contracts, or agreements to take over another person's already-existing debt, must in writing; but other states require any agreement over a certain dollar amount (e.g. $5,000), or any agreement that would take over 1 year to complete, to be in writing. If the statute of frauds in your state applies to your loan, you could have a problem.

The above said, there is nothing saying that a written agreement must be a single, formal "contract." If you have emails and text messges which set out the terms of the agreement and the obligation to repay, that may be enough to allow you to enforc the agreement even in the fact of the statute of frauds.

So the short answer is, the voicemails and your testimony *may* be enough to let you sue your friend for the money...but if you have extensive and thorough emails or other written documentation, that would help a great deal. In any event, given how much is at stake, if he won't repay, it would seem to be worthwhile to bring an action to see if you can enforce the agreement to pay in court.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. The voice and e mails are evidence of the $13,500 loan that you made your friend by way of an admission from him. I would e mail him a confirming note about the loan to be on the safe side and send him a promissory regarding the $13,500 loan for him to date, sign and return.

You can get these forms on line. Make sure you state the amount of the loan, due date and interest rate. Also distinguish if monthly payments are to be made or not.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption