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Can I take someone to court for not paying back a loan, even though I didn't have them sign a contract?

Raleigh, NC |

I let my ex-girlfriend borrow about $1300 and she told me she would pay it back when she got her refund check from college. She got the refund check in August, but it's now November and she still hasn't paid me back. I didn't make her sign a promissory not or a contract. What are the chances of me getting my money back?

Attorney Answers 2


Unwritten contracts are usually worth the paper they are written upon.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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If you wrote her a check you can prove the loan. If other people know about it that will strengthen your case. It sounds like you will have to file a small claims suit against her. Be prepared for her to call it a gift or deny receiving the money if it was paid in cash.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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