You don't have any written documentation of your loan to him. But if you have e-mails stating that he owes you money and payments that pertain to those debts, then you might be able to establish
a course of performance or course of dealings.
In other words, without a written contract, the court is going to need evidence of your loan. From what you tell me, you will have no problem proving there is a loan. But can you prove the exact contours of the loan?
Can you prove he owes you $6000? What if he argues, I only owe $1500. Then what?
You should also try to keep receiving payments. I would do it by being nice to him. Tell him you could really use some of that money now. Tell him even $100 would be really useful.
Diplomacy is key here. Appeal to him as a friend.
But at the same time, build your evidence against him. A strong detailed record is basically your backup plan.
Also this: >> Before that, I don't much on dates of payment, but I kept track as best I could.
BIG NO NO. If you can't be sure when he paid, then that really makes your credibility look bad. He can argue he did pay. He can argue he paid for more than he did. he can argue you are misrepresenting the size of the loan. He can say you didnt count payments which he remembers.
Diplomacy on the outside. Rational Caution on the inside. Build your case and keep this thing alive. The worst thing is you let years go by and not receive any payments.
Private Mod Note
():
Rollback Post to RevisionRollBack
To post a comment, please login or register a new account.
a course of performance or course of dealings.
In other words, without a written contract, the court is going to need evidence of your loan. From what you tell me, you will have no problem proving there is a loan. But can you prove the exact contours of the loan?
Can you prove he owes you $6000? What if he argues, I only owe $1500. Then what?
You should also try to keep receiving payments. I would do it by being nice to him. Tell him you could really use some of that money now. Tell him even $100 would be really useful.
Diplomacy is key here. Appeal to him as a friend.
But at the same time, build your evidence against him. A strong detailed record is basically your backup plan.
Also this:
>> Before that, I don't much on dates of payment, but I kept track as best I could.
BIG NO NO. If you can't be sure when he paid, then that really makes your credibility look bad. He can argue he did pay. He can argue he paid for more than he did. he can argue you are misrepresenting the size of the loan. He can say you didnt count payments which he remembers.
Diplomacy on the outside. Rational Caution on the inside. Build your case and keep this thing alive. The worst thing is you let years go by and not receive any payments.