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?
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.
If you found this "helpful" or "best answer," please click it with my appreciation.
My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
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.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
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.
The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only. It is not legal advice and should not be considered or relied upon as legal advice. Transmission or receipt of the content of this information does not create, nor is it intended to create, and receipt does not constitute, an attorney-client relationship. Because each matter involves differing facts, online readers should not act upon the content of this website without seeking legal advice.