If my friend borrowed about $17,800 from me, how I get my money back since I only have a voice record?

UPDATED: Dec 31, 2014

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If my friend borrowed about $17,800 from me, how I get my money back since I only have a voice record?

Asked on December 31, 2014 under Business Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can try suing your friend--the only way to recover money owed to you is by suing and winning. You may have some problems, however:

1) Even with a "voice record," the terms of the loan will be less well documented than with a written agreement or promissory note.

2) If the term of the loan (i.e. the time before he had to repay) was more than one year, this may fall under the category of agreements which take more than one year to perform--and if a court did view it that way, the agreement would not be enforceable unless it was in writing (though there are other theories, such as promissory estoppel or unjust enrichment, you could use in a lawsuit, even if the agreement itself were not enforceable).

Given these issues and the amount of money involved, you are advised to retain an attorney to help you.

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.

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