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Suing with only a verbal agreement

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  • Suing with only a verbal agreement

    So me and a friend decided to go half and half on an item, he used his debit card to make the purchase and I then payed him in cash. A little while later we decide to get another of the item so we didn't have to share. I payed for the item in full because my friend said he would pay me half back later($125). It's been a few months and I finally decide to press him for the money but he keeps making excuses then he finally said he didn't want to pay it back because when we purchased the 1st item with his debt card it caused his bank account to overdraw $350 so he said that he won't pay me because of that. I really want to take this to small claims only problem is I have a receipt for the item I purchased but no other documents or witnesses to the verbal agreement and he pretty much told me that if I tried to sue he would deny it all. What can I do?

  • #2
    Re: Suing with only a verbal agreement

    Verbal agreements are valid in USA. In this the main problem is as to how will you prove the fact that the other person has agreed. In your case you can record a conversation with your friend where he agrees about verbal agreement and this recording can later be shown in court. Otherwise if you have any proof of $ 125 you paid him you can show that in support of your argument. You can confidentially tell any of your common friend to inquire about verbal agreement between you and your partner. This common friend can provide you recording or give statement as evidence in court. While collecting evidence you will have to show this as a normal discussion and later when the evidence gets collected with you then you are having evidence and can then file a suit after giving your friend notice to pay you or face suit. Also try and go through all your emails and other correspondence records. It is possible that there may be an email or other correspondence records relating to your transaction which can be shown in court.

    AFF

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