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

UPDATED: Jul 22, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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