In June I wired 10k to my cousins bank in NJ which he verbally agreed to repay in 3 weeks. He has refused to pay it back. He has the money and owns my uncle and grandfathers company which he claims was being audited bc an ex wife was suing him and all his assets were temporarily frozen. I am prepared to sue him or do whatever I can to recover my money.. At this point it's moot regarding a future relationship. I have the routing number, email s etc. no promissory note however.. Thought he was decent.
It is very difficult to prevail on a verbal contract with these facts, because there can be a slight difference in the facts of the contract, which can change the outcome.
For example, he could say the repayment terms were that he had 3 years, then what can you prove?
Before filing a lawsuit, you should have more proof to be able to prevail, such as could be by exchanging documents that better show the terms. You have two years to bring an oral dispute to court in Texas.
Perhaps he will be in better financial condition, or will honor the loan if he knows how difficult it has been for you.
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General Practice Lawyer
While I do not disagree with sole attorney answering the question previously, I do believe that you should contact an attorney who is willing to listen and review any and all documents related to this transaction. I agree that not executing a promissory note leaves this in the arena of oral contract, which are harder to prove.
Any communications via emails, letters, or invoices received from or sent to your cousin could bolster the fact that this was in fact a note/loan. Consult an attorney with experience in contracts and collections for further guidance.
Patent Application Attorney
In Texas, we tend to find that a contract exists when money or services changes hands. There are several causes of action that can get your money back, or a judgment that the money is owed, at least. Put together a chronology that is as accurate as possible and visit an attorney. It may be that a small claims court proceeding is the best way to go, or it may take a full suit that needs one of us to assist.
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