If asomeone owes me money but refuses to repay and I have no written contract, what canI do?

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If asomeone owes me money but refuses to repay and I have no written contract, what canI do?

He owes me money for a car loan. When I contacted him, he never denied the debt; he just didn’t admit to it. I really want and need my money back. I know to sue him in civil court but will not having a written contract make it too difficult?

Asked on July 22, 2011 Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have any evidence that you made actual payments for this person's car loan like canceled checks, credit car payments, monthly credit card statements showing payments or witnesses who know you made this person's car loan payments?

If so, that is good if you have to file a lawsuit and go to court.

Do you have any witnesses who know you made these car payments and why you made them?

Is your name on the car loan? If it is, get a copy of the loan papers for court. In whose name is the car registered, your or his?

Whether you have a written contract with this person to repay you money for a car loan is not the issue. It seems that at worst you have an oral agreement to make a loan and made one. Moneys loanded hav enot been repaid. You need to collect documents and other evidence showing you made a loan to this person and the loan has not been repaid before you go to court if voluntary payments are not made to you. Sounds  like you mat need to consult with a lawyer or a small claims advisor.


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