Can I sue a friend who I loaned $27,000 to with the promise to repay, if I have wa money gram as proof?

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Can I sue a friend who I loaned $27,000 to with the promise to repay, if I have wa money gram as proof?

He refuses to pay me back.

Asked on October 5, 2012 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you may sue someone to recover money loaned to him or her on an oral (sometimes called verbal) promise to repay. The moneygram will help prove your case, but may not be enough if the borrower disputes your account: in order to prevail, you will need to prove by a "preponderance of the evidence" (that is, that it is more likely than not) that 1) there was an agreement to loan the friend the money, and he/she agreed to repay (and so, for example, that it was not a gift), 2) the terms of the loan (for example: when should the friend have repaid?), and 3) that the friend did in fact receive the money from you.


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