suing a friend for money owed

So i lent my friend some money without any written agreement (stupid of me) and its been almost a year and i haven't recieved any money from him.

It all started by me lending him my Credit Card to use to pay for something online. So i agreed because before i gave him the Credit Card i told him that he'd give me the CASH first and so he did. So all is well and then next month later i go check on my Credit Card Statement and my Credit Card is maxed out.

Now i've been trying to getting him to pay off the Credit Card because he maxed it out but so far i haven't gotten anything from him.

Now if i take this to court what are my chances of winning even without Written Agreement?

I have Witnesses
I also have phone messages of him agreeing that he owes me money
On my credit card statement you can see that my card was perfectly fine up until my friend used it and i haven't used it since for evidence reasons.

What do you guys think?

That's unfortunate. Always be careful with your money.

without a written agreement it may be hard and u really dont have any evidence sayin tat he maced out ur card.U said he payed u the cashthe first time and then when u went to check ur card it was maxed out. u need evidence stating that he maxed out ur card and is not payin u back

That sucks. Same kinda thing happened to my best friend. He lent a old good friend of ours $2000 for a lawyer. My best friends mother in law gave mt best friend and his wife $2000 and said now your friend owes me. Never heard from him again until about 9 months later when my best friends wife and mom hunted him down and got him to put it in writting.

If it's only a small amount you might spend way more in court. But if it's a lot it might be worth it. But my guess is your limit isn't $10,000

i think the only person who could resolve this would be judge judy

How much money are we talking here? ...people always say 'it's the principle of it all' with stuff, but I say 'f*** that'. It comes down to a cost analysis. Is it worth your time (your time is valuable), losing a friend (though he sounds like a real piece of crap anyways), etcrawsavon

sorry guys forgot to say but its about $9000 plus interest counting every second.

pretty sure a verbal contract is viable in court - problem is proving it was said. he could just say "no, i never said i would pay you back". also, the fact that you thought he was trustworthy from prior experience should actually add weight to your argument.

geez ya be careful with your money :shock:

I think that your best shot would be taking your friend to Small Claims Court, as the burden of proof there is a lot less than any kind of conventional trial. Also, if your friend doesn't show up, in all likelihood you'll win via default verdict. Of course, it's not like your friend will pay you back any quicker, but at least (if he's working) you can eventually have his salary garnished by a marshall.

Although he's being a prick about this, just make sure you no longer want this person a friend.

Also, if I can give some unsolicited advice, never LEND money to a friend. If they ask and you feel like it, GIVE them whatever you can, but never expect it back and you'll avoid so many problems in life.

[QUOTE="rawsavon"]How much money are we talking here? ...people always say 'it's the principle of it all' with stuff, but I say 'f*** that'. It comes down to a cost analysis. Is it worth your time (your time is valuable), losing a friend (though he sounds like a real piece of crap anyways), etckato_

sorry guys forgot to say but its about $9000 plus interest counting every second.

[QUOTE="rawsavon"]How much money are we talking here? ...people always say 'it's the principle of it all' with stuff, but I say 'f*** that'. It comes down to a cost analysis. Is it worth your time (your time is valuable), losing a friend (though he sounds like a real piece of crap anyways), etckato_

sorry guys forgot to say but its about $9000 plus interest counting every second.

[QUOTE="rawsavon"]How much money are we talking here? ...people always say 'it's the principle of it all' with stuff, but I say 'f*** that'. It comes down to a cost analysis. Is it worth your time (your time is valuable), losing a friend (though he sounds like a real piece of crap anyways), etckato_

sorry guys forgot to say but its about $9000 plus interest counting every second.

9000$ is a LOT! You should sue that piece of crap. With a text message and the credit card bill, you can problably win.

[QUOTE="kato_"]

[QUOTE="rawsavon"]How much money are we talking here? ...people always say 'it's the principle of it all' with stuff, but I say 'f*** that'. It comes down to a cost analysis. Is it worth your time (your time is valuable), losing a friend (though he sounds like a real piece of crap anyways), etcbrendanhunt1

sorry guys forgot to say but its about $9000 plus interest counting every second.

Were you guys a couple at the time? I've seen things go one way or another in the gift vs. loan thing when it involves a couple that is dating.

Why would you let him borrow that much? Honestly I don't even feel bad, you should have let him pull out a loan, it's one thing if it's like 20 bucks but 9000?! Although I'm not one to loan out money to friends, it tends to always get messy. hockey73

All you need to establish in court is that on the balance of probabilities it was a loan rather than a gift. So if you can argue your case that it was a loan better than he can argue the case that it was a gift you'll get your money back. You're in a very good position because he gave you cash, which you asked for, which indicates re-payment. If it were a gift there'd be no repayment.

On the other hand, the story you gave is a little confusing. Did you just give him the card for ONE purchase, for which he gave you the cash? And then he took off with your credit card and ran up a massive bill? Because if so that's a criminal case of theft and fraud, for which you need to contact the police.

Either way you should seek the advice of a proper professional in your jurisdiction. A lot of the comments in this thread are way off the mark but present themselves as legal facts.

Do you ever read your cards terms and conditions of use , because you are not allowed to let anyone else use your card and since you did guess what its you that are liableEmpCom

All you need to establish in court is that on the balance of probabilities it was a loan rather than a gift. So if you can argue your case that it was a loan better than he can argue the case that it was a gift you'll get your money back. You're in a very good position because he gave you cash, which you asked for, which indicates re-payment. If it were a gift there'd be no repayment.

EDIT: just so you know, do not take or decide not to take legal action based on anything you read on the internet. Always take proper legal advice from a professional in your own jurisdiction. There are lots of comments in this thread which are way off base, and i assume they're being made by people who have no idea what they're talking about. Some along the lines of 'you cant win because you dont have any written document' and similar comments aren't good guidance at all.

Don't consider anything you read here decent legal advice, just guidance on whether it would be worth pursuing proper legal advice from a professional in your own jurisdiction. My personal opinion on the matter is that, based on what you've presented, it would definitely be worth seeking legal council on the matter and taking it from there.

Ninja-Hippo

I am pleasantly surprised to FINALLY find something written by NinjaHippo that I agree with 100%. :)

Not having a written agreement really hurts your case. I can't count how many times I've seen people lose their cases on Judge Judy/People's Court/Pirro because they lent money to other people without either a written agreement or receipts. You are probably going to be SOL. Which will be a lesson for next time.

What is the worst though, this will probably ruin the friendship.

[QUOTE="hockey73"]Why would you let him borrow that much? Honestly I don't even feel bad, you should have let him pull out a loan, it's one thing if it's like 20 bucks but 9000?! Although I'm not one to loan out money to friends, it tends to always get messy. rawsavon

Without that written agreement, you have no real grounds to make a case on.

[QUOTE="rawsavon"][QUOTE="hockey73"]Why would you let him borrow that much? Honestly I don't even feel bad, you should have let him pull out a loan, it's one thing if it's like 20 bucks but 9000?! Although I'm not one to loan out money to friends, it tends to always get messy. hockey73

Without that written agreement, you have no real grounds to make a case on.

Wasdie

I'm no lawyer, but there is something called a "verbal contract."

There is also I'm guessing (GUESSING) some pretty good circumstantial evidence. If the card was used to make purchases on-line, where were they shipped to? If the card was used in a store, is there anything on the security cameras?

I think (knowing as little as I do), a big part of this will be to prove that the card was given to his friend for a one-time-only use. OR, was it given to him in the context of, "Ok, you're having a rough time, use this card in an emergency."

Without that written agreement, you have no real grounds to make a case on.

Wasdie

Without that written agreement, you have no real grounds to make a case on.

Wasdie

I'm no lawyer, but there is something called a "verbal contract."

There is also I'm guessing (GUESSING) some pretty good circumstantial evidence. If the card was used to make purchases on-line, where were they shipped to? If the card was used in a store, is there anything on the security cameras?

I think (knowing as little as I do), a big part of this will be to prove that the card was given to his friend for a one-time-only use. OR, was it given to him in the context of, "Ok, you're having a rough time, use this card in an emergency."

YellowOneKinobi

[QUOTE="EmpCom"]Do you ever read your cards terms and conditions of use , because you are not allowed to let anyone else use your card and since you did guess what its you that are liableNinja-Hippo

All I can say is that was quite foolish on your part.

I say you would have a decent shot at winning the case, as long as your witnesses saw the verbal agreement that can corroborate your claim, you keep the texts that states he owes you the money, and the evidence of what you're owed. But, in all honesty, you should never give your credit card to anyone for a long period of time, if at all. You should have either: (a) went with your friend to buy what he wants, or (b) Get the card back right after your friend buys it. Ring_of_fire

[QUOTE="EmpCom"][QUOTE="Ninja-Hippo"] This is not true at all. thegerg

He is not your friend. You should sue him. Even if you don't have a written agreement, you only gave him permision to buy one item with it and any judge will see he went way beyond what was offered (and probably won't think that one item was meant to be a gift either). You should also look in to criminal charges if he charged other things you did not give him permision for. Criminal charges will also protect you in case he files for bankruptcy. Talk to your credit card company and talk to the police about possible action.

The bankfor thecredit card company and the places he purchased the items fromare responsible for ensuring the chargesare valid (most were not) so you should dispute the charges with the bank that issued your credit card. There's a good chance the charges will be reversed (I think by law you can only be held responsible for $50 in cases of fraud).

[QUOTE="Ring_of_fire"]I say you would have a decent shot at winning the case, as long as your witnesses saw the verbal agreement that can corroborate your claim, you keep the texts that states he owes you the money, and the evidence of what you're owed. But, in all honesty, you should never give your credit card to anyone for a long period of time, if at all. You should have either: (a) went with your friend to buy what he wants, or (b) Get the card back right after your friend buys it. surrealnumber5

You should have reported unauthorized use of your card back when this all started. You might be f***ed, but a lawyer would be better for legal advice than Gamespot.

[QUOTE="rawsavon"]How much money are we talking here? ...people always say 'it's the principle of it all' with stuff, but I say 'f*** that'. It comes down to a cost analysis. Is it worth your time (your time is valuable), losing a friend (though he sounds like a real piece of crap anyways), etckato_

sorry guys forgot to say but its about $9000 plus interest counting every second.