I think Im going to have to drag my old room-mate to court over money I loaned him, I was just wondering, what kind of evidence is exactly needed to persue such a claim. I have a piece of paper he wrote out to me telling me what he owes, no signature. I have numerous different bank statements (as an engagement ring I loaned him the money for was $600 of the $1100 he owes) along with reciepts that show me signing for purchase using the bank card, and him signing to pick it up. No real material witnesses ever saw or heard anyone say anything about owed money, but I think I have more to prove he does owe me, then he has to try and prove I dont. Im just unsure of how a civil court justice system views small matters between two people. And No, Im not going to Judge Judy to settle it, so dont ask.
137410
Is it past the statute of limitations on verbal agreements in your state. If not you probably could win at least part of it but than you have to figure out how you are going to collect it. It is not the duty of the court to make him pay you.
203113
once you have the judgment get a certified copy and record it in the county where he lives, you can file for a writ of execution to seize property but you will need an attorney for that, also send a copy to credit reporting agencies if you cant get your money at least you can F**k with his credit
392053
If you are trying to say the the collection agency is trying to collect on checks that were written by the thief, send a written statement to the agency, return receipt requested, informing them that you dispute the debt, that the checks do not bear your signature and that you believe they have no cause to seek payment from you.  Let them know that the checks were signed by the thief who went to prison for that offese. They should then try to verify the existence of the debt and should leave you alone.  On the other hand, if the debts are unrelated to the checks, you should probably do nothing because the statute of limitations has probably expired and any contact may revive the debt.  In that case, if they sue you, you will need to assert the statute of limitations as a defense and for that you will need an attorney.
7711
I wouldn't bother taking it to court. There's no way to prove that it happened unless the person is honest enough to say that he did make a verbal contract with you and he didn't follow through with it. I doubt that will happen, though. You really should have made a contract on paper.
289470
I don't understand the sheriff in this. If they told you this then it is probably not true. Just another scare tactic. Get the amount in writing first, on their letter head and signed by someone there. Then and only then give them any money to settle. Get a cashiers check for that amount. Make a copy of that and the letter. Send the Cashiers check to them over night. Then once posted to your account then have your loan officer obtain an update on the account from the credit company they pulled from. This will take about 5 days total to complete. He or she can then re-pull an updated credit report to report the settlement was accepted on this account. Retain all information in a file for any further discussions with the collection company.
349956
I would send him a letter informing him that you have contacted a lawyer regarding the matter and the issue needs to be solved by such-and-such date. After that? Small claims court. Take it to Judge Judy!
484046
You should file an answer with the court that argues that the Statute of Limitations expired on 7/14/2006 and therefore the lawsuit is barred/not timely.\n\nYes, you have a chance of getting it dismissed.   The date of last activity should start the clock ticking on the 6 year term.\n\nWas the credit card issued while you were in Michigan?\n\nEdit: If the amount is significant I would highly recommend you get legal advice from an attorney in Michigan.\n\nBTW, when you made your last payment on 7/14/00 did that bring your account current or were you still behind at that point?\n\nFollowup:\nYou should stick with the story that you've had Indiana as a residence the entire 6+ years.  \n\nIf you were overlimit as of the time you made the last payment you have a stronger story that it was not only the date of last activity but you had been in default on your credit card agreement for some time prior to that.\n\nI would again urge you if it is a large sum of money to find an attorney to provide you with legal advice so you don't get run over in court.   Most attorneys will give you a free consultation.\n\nDo not admit to the debt being yours.  Make them prove everything.  Deny that they are entitled to late charges, interest, attorneys fees, collection costs, everything.  If you don't challenge something the court will take it to be true.  Deny that the amount owed is correct, make them produce copies of your statements showing the charges.  Make them produce your original, signed account agreement.   Deny, deny, deny.  \n\nIs the original bank suing you or is this some collection agency that purchase the written off debt?  If it isn't the original bank there is a good chance they can't prove anything and are just hoping you don't show up in court.\n\nDo not agree to any delays.  It is common when a collector goes to court they are hoping for a default judgment and when you show up they ask for a delay.  Insist that you came to court prepared and the other side should have as well.
574396
If what you say is true then you obviously need GOOD legal advice.  I cannot believe there are no solicitors willing to take on this case - unless your evidence is patchy - are they advising you that you DO NOT HAVE A CASE?  Or refusing to take the case?  Perhaps they don't want you wasting your money on a pointless exercise.\n\nGet your evidence in order.  Look at it hard and take away all thoughts that you CANNOT prove.  Then look at it again through the eyes of an outsider and try and see what they would think.  EVIDENCE is the be all and end all of any court case!
554804
Sorry,  you have admitted in your statement that you committed forgery. \n\nYou should NEVER EVER sign any ones name except your own! (esp. on financial or legal documents) You did not have to, you could/should have made the purchases/withdrawals using your signature (yes, even with her card).  \n\nFrom your statement you do have an available defense but it is a very difficult one. You will have to show that she was an instigator and accomplice by instructing/permitting you to commit your crimes. In this way she is no longer a victim and may find herself charged for maliciously reporting your actions.\n\nUsually i NEVER advise retaining an attorney but, your case is an exception. DO NOT just retain any lawyer find one that is truly inspired/interested in your matter and has been taken advantage of by a manipulative partner like you (divorced). Most importantly ensure they have no connection to this woman in any way. US lawyers work on political biases and double standards (the equitablility of US courts is a complete lie).\n\nEDIT 11/11/06\n\nI apologize for my momentary laps of sanity i was under the influence of alcohol and tobacco. Therefore i rescind my advice of retaining a worse than criminal alien butt-sucking assimilated mutant double agent of the "court". Your ONLY chance is to defend yourself with the truth not a liar.
282927
Do you have anything in writing in regards to the work that you did for him?  Do you have proof that these are your tools?  I think that I would try calling the cops first and file a report.  The cops will talk to him and that might be enough for him to let you have your tools.  If that doesn't work, take him to court and provide whatever you have in writing to the judge.
122389
Sadly that's not even proof of a loan.  Since there is no documentation your friend can simply claim in court that it was a gift then you're stuck with your word against his/her word.  All the check does is prove that you gave money to the friend.\n\nYou can sue your friend for the amount but without documentation it's a toss up that relies on credibility.\n\nI'd try to get your friend to sign some sort of note (notarized of course) that statest he money was a loan and gives some sort of repayment schedule.\n\nIf your friend refuses to do this or says something like, "hey I'm your friend" you know your're jobbed.  But hey at least you learned something.  You never loan money to friends or family.  Always consider it a gift and if you get paid back it's a bonus.
517388
The fact that he's payed at all is evidence of your verbal agreement. You could sue, but if you want to improve your chances of a successful suit, I'd get something written out of him first (just a signed note promising to pay the back-rent due will be an extra sign of the verbal agreement). Put it nicely though - say that you need it for your Bank Manager or something, so they know you'll be able to pay off an overdraft. Once you have that, file your suit, and give him notice to quit the property. Because he's resident at your property he may actually have tenant's rights despite not paying rent or having a contract, so give notice properly, and do everything from that point on through your solicitor.
63768
Basically it boils down to the fact that HE signed YOUR name. That constitutes fraud. Not whether it is a joint account or blah blah blah. That indeed is forgery. Now the fact that he just did a deposit shows that he was not being malicious. Is the money still there? No harm done. If it is gone, then hit him with the forgery charge.
505224
Take a lawyer.\n\nWhat do you mean by "under signed cheque leaves"?. \n\nDo you mean Unsigned or without signature?. If so counter sue for copying the signature without permission or authorisation.\n\nIf the cheque is in his name(a Personal or his solely owned business), you are not involved, if he is not a minor(below certain age)help him at arms lenght only, this will protect you legally you should have nothing to do with it.\n\nHe must go to court with his "lawyer only" and a "Hand writing expert".\n\nI am hoping that there is an honest person with correct amount, and tell his story that agrees with your son's story.\n\nLawyer should combine all cases, combine in one trial with individual verdicts so he can build the case that all hand writings are different.\n\nSince you already said he gave the cheque it is a fact and do not let, lawyer make him lie, this is on Internet now. Only thing in question is amount of loan.\n\nIf it was a limited company properly registered, then lawyer will explain what his total liability is. He is not personally liable.\n\nA good lawyer will try and settle out of court for the amount + interest only + penalty if any by agreement. The fact is he did take loan, you said "what he actually borrowed".
424052
You don't say who made this request to the Coucil and in what circumstances.  It sounds as though the Council is being gently prodded to think things through and perhaps withdraw an action to recover what is owed on the grounds that the person is somewhat deranged or mentally handicapped.  Those hearing the case can't say such a thing outright, but they can drop loud hints to the effect that if a person isn't in a fit mental state to deal with his financial affairs, it is perhaps not a good thing to bring him to court, especially if he is arguing with deep conviction that he doesn't understand why he is being prosecuted and doesn't feel he owes anything.  Maybe now that we are not allowed to use Latin in court, "moral culpability" is the new "mens rea".
176900
While a written agreement is the easiest to clearly understand, a verbal agreement is also legally binding.  It's good you've got witnesses to back you up - take her to court, she owes you!  She might decide to pay once she realizes you are serious about collecting your debt and you may never have to go to court to collect.  Don't feel bad about suing her for it either - you already have been kind to her with all you did do - and she doesn't seem to have a problem taking advantage of you and flaunting it in your face... this is what the legal system is for - this is obviously bothering you - this is your only recourse unless you decide you want to "gift" it to her and then you should quit complaining about what she didn't pay back.
50919
Do you have something in writing showing the deal?  If not, it will be difficult to prove, unless you made the deal in front of some type of 3rd party professional.\n\nDo you have a receipt for your down payment?  If so, if they did not deliver anything, they cannot keep the down payment unless they have paperwork showing you agreed to it.\n\nGet your paperwork together and send them a legal sounding letter that makes it sound like you are taking them to court, and cite your evidence.  Tell them that you will also sue for the lawyers' fees.  That bluff often works if they believe it.\n\nSometimes for cheap you can get a law office to type you a letter.\n\nThe fact that a police officer is family is irrelevent.