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Is it possible to pursue a small claims action against boyfriend for loan that he is not paying back

Asked about 3 years ago - Seattle, WA

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I loaned my boyfriend a couple thousand dollars about a year ago so he could buy a new car. I wrote him a check but didn't include any clause saying he would have to pay me back. I asked him to start paying me back in small amounts. He then said he wanted to break up and we are no longer together. I was thinking of taking him to court, but I only have the receipt from the car dealer and the car is in his name. Can I win my money back if I take him to court?

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Feb. 27, 2008 an Ex-boyfriend borrowed 900.00 to keep his home out of fore closer, he had quit his job and needed to pay his mortgage the next day. His words:" I prayed and asked for an angel, God sent me you." (he called me) "If you loan me $900.00 I will pay you back as soon as possible." "This is a loan between friends." He met me at the bank and went in with me. I withdrew $900.00 cash and gave it to him with a hand shake and hug. One and a half week later
he acted like he didn't know me. I then wrote up an agreement and asked him to sign it. He would not. But called me to say things were looking up and he would be able to start making payments. Now he's saying he does not owe me anything. I have sent in the mail several letters asking him to pay if not all of the loan at least half. He will not respond. Can I sue?

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Attorney answers (1)

Elizabeth Rankin Powell

Reputation Level 20

Answered about 3 years ago. Family Law Attorney in Tacoma, WA.

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For small claims you have enough because Washington will enforce an oral contract. Also, you can claim part performance, because he has the car. You performed. He didn't if he hasn't paid you back.

He *could* claim it was a gift from you to him, but the court may very well see it your way.

Hope this helps. Elizabeth Powell

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