If somebody loan me money without contract, they only wrote loan on the check.

Bankruptcy and Debt 9 views 3 answers
But spouse withdrew money and transferred it back to sibbling account. And is now trying to sue me for reimbursement. Can they sue me for reimbursement?

Attorney Answers

3
Frank Chen ·
Your question is not clear. Who are "they"? Generally speaking, if someone loans you money, even if there is no written contract, you are obligated to pay it back to whomever lent you the money. If someone gave you a check for a loan, but the check was invalid because there were no funds in the account, then you are not responsible for paying back the loan.
0 upvotes
Shawn Jackson ·
Well, let's first get the language straight. When you say "loan me money without contract", I assume you mean a written contract, since I would further assume that some level of verbal agreement (verbal contract) accompanied the giving of the money. If for some reason, the person simply wrote "loan" on the check, that would not be determinative since it could be a repayment of a loan or the giving of a loan...so, at this point, it is just evidence... By Grace... Shawn Jackson ESQ. (707) 584-4529 Business Development Attorney EMAIL: [email protected] www.CaliforniaBusinessDevelopmentAttorneys.com www.CaliforniaBusinessDevelopmentCenter.com www.CaliforniaBusinessDevelopmentPlans.com No communication resulting herein shall create an attorney-client relationship unless a separate retainer agreement is signed by attorney and client. The information provided is not legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel such as any attorney in this office in a subsequent email communication (agreement) and the formation of an attorney client relationship.
0 upvotes
Robert Stempler ·
Please remember that for centuries, enforceable contracts have been formed between companies and between people with nothing more than a handshake or notes on a paper napkin. Even in this day and age of electronic communication, a contract can be formed and considered "written" by the review of emails and faxes between people. Here, you have a check which states that the money was for a loan and that notation and check were accepted. Thus, there is a good chance a court may find that this is sufficient documentation of a loan, which requires repayment, even though there are numerous terms not stated, such as an interest rate, which the court can determine either at the legal rate or at some other rate or not award interest. To permit a party to receive money where it is not clearly intended to be a donation to a charity or a gift to the recipient may be deemed unjust enrichment of the receiving party. Robert Stempler (please see DISCLAIMER below) www.StopCollectionLawsuits.com
0 upvotes

People Also Asked