Monday, December 12, 2011

She has no proof that i owe her money, has she?

If someone has records of money transfer (from her bank acc to mine) but has no proof of communication if the money was given to me as loan or just in kind, will she able to succeed with her claim?|||yes she could win the transfer is the proof|||Claim for what? I assume someone has given / lent you money and now wants it back?





To make a legal claim they would need evidence of a loan agreement - a contract. One element of a contract is an intention to create a legal agreement. This intention is presumed where one of the parties is a business, but it is presumed not to exist in purely social and domestic agreements. In either case the presumption can be rebutted by evidence to the contrary.





Such evidence can be express, such as a written agreement to pay back in specific installments, or it can be implied by the circumstances. The quantity of money and the relationship between the parties are relevant circumstances. EG 拢100 from father to son is likely to be construed as a gift. 拢10,000 from boyfriend to girlfriend, who don't live together and have only been a couple for 3 months, is likely to be construed as a loan that was intended to be repaid.





If this kind of dispute came to court it makes no difference that there is no written "proof" that the agreement is a loan. If its "my word against his" the judge will listen to both sides and decide who is most believable.|||You mean like she wrote you a check and you put it in your bank? Was there any notation on the check saying what it was for? Did she make out an IOU in writing and you signed it?? Were there witnesses to the transaction at all? The thing is, if she does take you to court, even with just the cancelled check and the monies deposited into your bank, if I was a Judge, I would ask YOU why she would give you any money at all if it wasn't a loan!? Did she buy something off you, or she was just being generous!!! I think in your case, you are going to be the one to prove your innocence!|||You don't really need a witness to be able to prove someone's intentionIn court if your story is corroborated by circumstances that make sense, your story will be believed above the other person's. Don't be silly. If she wants it, give the girl her money back whether it was a gift or not. Anything for a quiet life!|||I had an ex that tried to claim 拢17k which she said she gave me over the course of our relationship.


(We were together for a little over 2 years). However, my defence was that after our time together I had no savings of any kind despite earning a little over 拢50k in the period. Unlike her I had not written down every penny nor what it was used for.


Part of the money she claimed was for a car which she bought me. She could prove this absolutely and I did state at the hearing that it was her money which bought me the car. So in effect I was helping her case on this particular item. The car cost nearly 拢5000





The judgement however was that she had not loaned me the car, she had bought it as a gift, and that as she had had it registered in my name as my vehicle, she had no claim to get it back. The rest of her claim was dismissed as it was clear that my money, whilst not documented in any way was used to support both of us for things like food and holidays etc.





We had no children from our relationship so she did not have a leg to stand on and was told she was entitled to nothing.





Hope this helps|||I think so.. It's proof that they will look at unless you have a really good explanation . But if she has call records or something of that sort I think she will win.. I have sprint and every time someone says that I didn't call or they never spoke to me I pull up the call records and prove them wrong.|||Yes, the transfer is proof unless there is some other contract that you can show the money was for some other purpose.|||Maybe if she has witnesses who were present during any verbal communications between you both.|||yes because along with her statement ,she has proof|||Yes, Pete, she has. You just posted it on Y!A. You are the genius of the day.|||Judge Judy will see thru this

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