I loaned a former friend $500 a year ago, and she is refusing to pay me back. I told her I would sue and she just laughed and said that since there is no signed note, she is not paying. Can I sue her in New York without a signed note?
Criminal Defense Attorney
Oral contracts are enforceable provided that you can prove the agreed upon necessary terms and that the contract does not violate the Statute of Frauds which in NY is contained in the General Obligations Law, for example, that the contract would not take more than one year to complete. Can you prove she was supposed to pay you back within one year? It may be worth filing this in small claims court, as the filing fee is cheap and no attorneys are involved. The court would set the matter right. Good luck.
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Yes you can. One problem is that you may find it difficult to prove that you gave the money to your friend and that the money was a loan. I don't see how the statute of frauds would apply here. Also, you must decide whether the amount of money is worth the time and effort to get it back.
Worth suing in small claims and see if you win. You will have the burden of proof to prove the loan.
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Before you go to court, attempt to build "evidence." Try to get the person to admit to the "loan" in a text or email. This will serve as proof that there was in fact a contract.
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