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I've seen it personally in court cases, what example are you really looking for? A single witness is enough for a verdict if the judge or possibly jury believes them. It works this way both in civil and criminal court
Why is this dude still reaching
Business agreements CAN be made through verbal agreements, however, if something were to take place (such as a loan being made and not getting paid back) and you have NO SUCH proof of said loan....the borrower could LIE and say it wasn't a loan but a gift.
You would need to prove that the loan was indeed a loan, not a gift, and that proof will always come down to some sort of paper trail and documentation IF the person you are suing doesn't admit that it was a loan (which 99% of the time they will not because it would put them on the hook for paying it back).
Business agreements CAN be made through verbal agreements, however, if something were to take place (such as a loan being made and not getting paid back) and you have NO SUCH proof of said loan....the borrower could LIE and say it wasn't a loan but a gift.
You would need to prove that the loan was indeed a loan, not a gift, and that proof will always come down to some sort of paper trail and documentation IF the person you are suing doesn't admit that it was a loan (which 99% of the time they will not because it would put them on the hook for paying it back).
You argue just to argue. I don't get it.
You can always put someone on ignore. It makes reading this forum so much more tolerable.
Business agreements CAN be made through verbal agreements, however, if something were to take place (such as a loan being made and not getting paid back) and you have NO SUCH proof of said loan....the borrower could LIE and say it wasn't a loan but a gift.
You would need to prove that the loan was indeed a loan, not a gift, and that proof will always come down to some sort of paper trail and documentation IF the person you are suing doesn't admit that it was a loan (which 99% of the time they will not because it would put them on the hook for paying it back).
You argue just to argue. I don't get it.
While I do love to argue you simply made a statement that was untrue and anyone with a hint of experience in the arena of law would know that.
Fwiw the borrower can tell a judge that it was a gift and not a loan but if the judge doesn't believe them the judge can, and the do in real life rule in favor of them lender if that's whom they believe.
Small claims courts have a much lower burden of proof. It's not beyond any doubt, it's more likely to be true. And giving/gifting money to a co-worker is LESS likely to be true than a loan. Sure people can lie in court, and on their own head and conscience be it, but the risk is lower, because small claims court costs are pretty low. I wouldn't file one over $100, but I sure would for $500. But I also wouldn't loan money to a co-worker. I have "loaned" money to my brothers or sister, but it was with the understanding on my own part that if they didn't pay it back, I wouldn't be shortchanging myself.
Incidentally, is the phrase "to borrow" money to someone, as in, to loan or lend to someone a regional colloquialism? I have heard that before, but I am curious. The OP used it several times, but in the thread title it was "Lending money..."
Business agreements CAN be made through verbal agreements, however, if something were to take place (such as a loan being made and not getting paid back) and you have NO SUCH proof of said loan....the borrower could LIE and say it wasn't a loan but a gift.
You would need to prove that the loan was indeed a loan, not a gift, and that proof will always come down to some sort of paper trail and documentation IF the person you are suing doesn't admit that it was a loan (which 99% of the time they will not because it would put them on the hook for paying it back).
You argue just to argue. I don't get it.
You two are arguing about two slightly different things.
1. Certain verbal contracts between adults are legally binding. (what LE is saying)
2. Proving a verbal contract existed can be very difficult. (what JT is saying)
Both are accurate statements. You could lend me $500 that I agree to pay back to you, and never do. That's a legally binding contract that's difficult to enforce. For the same reason, I could go after you saying that I want my $500 back (that you never lent me), how do you prove I'm not making that up?
It's legally binding, but flimsy as all get-out. That's why phrases like "if it's not written down, it didn't happen" are so popular (even if that's not 100% accurate).
You two are arguing about two slightly different things.
1. Certain verbal contracts between adults are legally binding. (what LE is saying)
2. Proving a verbal contract existed can be very difficult. (what JT is saying)
Both are accurate statements. You could lend me $500 that I agree to pay back to you, and never do. That's a legally binding contract that's difficult to enforce. For the same reason, I could go after you saying that I want my $500 back (that you never lent me), how do you prove I'm not making that up?
It's legally binding, but flimsy as all get-out. That's why phrases like "if it's not written down, it didn't happen" are so popular (even if that's not 100% accurate).
Actually #2 wasn't jt's first stance that is just what if modified itself into
This was his statement and it's clearly incorrect. It's also not a flimsy as you might think as was also point out about small claims court. Civil courts have much lower hurdles in terms of proof that why wrongful death lawsuits get filed and won when the criminal case falls through
Quote:
Originally Posted by jotucker99
How is it stealing when someone GAVE the money?
Remember, it's not a LOAN unless you have an agreement, promissory note, along with terms and conditions.
Actually #2 wasn't jt's first stance that is just what if modified itself into
This was his statement and it's clearly incorrect. It's also not a flimsy as you might think as was also point out about small claims court. Civil courts have much lower hurdles in terms of proof that why wrongful death lawsuits get filed and won when the criminal case falls through
His first statement was incorrect. His modified statements since are correct though.
IANAL, so I don't know the overall success rates of verbal contract cases. It'd be interesting to see the aggregate data on that one...
You two are arguing about two slightly different things.
1. Certain verbal contracts between adults are legally binding. (what LE is saying)
2. Proving a verbal contract existed can be very difficult. (what JT is saying)
Both are accurate statements. You could lend me $500 that I agree to pay back to you, and never do. That's a legally binding contract that's difficult to enforce. For the same reason, I could go after you saying that I want my $500 back (that you never lent me), how do you prove I'm not making that up?
It's legally binding, but flimsy as all get-out. That's why phrases like "if it's not written down, it didn't happen" are so popular (even if that's not 100% accurate).
Okay but understand, I never said that a verbal agreement was not technically legal, what I referenced was that in Court it's all about the burden of proof. How do you prove a verbal agreement? Answer that for me......isn't that like pulling elephant's teeth?
If you can't prove said agreement, then technically, what DIFFERENCE does it make that said agreement is "technically" legal if it's almost virtually impossible to prove in Court? What true "regulatory value" does it have?
- Lol, it's like me telling people that I french kissed Paula Patton.
- Now, let's say that I actually DID french kiss Paula Patton, but this was done in some room where it was only the two of us, no cameras were there, no pictures were taken, and no witnesses seen the kiss (no paper trail).
- Paula Patton tells people that Tucker99 is crazy and making this up.
- Because there's NO proof (paper trail) of us french kissing, the probability of people dismissing my "claim" will sky rocket.
Quote:
Originally Posted by jotucker99
How is it stealing when someone GAVE the money?
Remember, it's not a LOAN unless you have an agreement, promissory note, along with terms and conditions.
It's funny how I love boots (who was ticked off with the lack of morality behind the statement) fully understood what I was saying with this, while you two guys didn't (or should I say, just chose not to ).
Okay but understand, I never said that a verbal agreement was not technically legal, what I referenced was that in Court it's all about the burden of proof. How do you prove a verbal agreement? Answer that for me......isn't that like pulling elephant's teeth?
If you can't prove said agreement, then technically, what DIFFERENCE does it make that said agreement is "technically" legal if it's almost virtually impossible to prove in Court? What true "regulatory value" does it have?
- Lol, it's like me telling people that I french kissed Paula Patton.
- Now, let's say that I actually DID french kiss Paula Patton, but this was done in some room where it was only the two of us, no cameras were there, no pictures were taken, and no witnesses seen the kiss (no paper trail).
- Paula Patton tells people that Tucker99 is crazy and making this up.
- Because there's NO proof (paper trail) of us french kissing, the probability of people dismissing my "claim" will sky rocket.
It's funny how I love boots (who was ticked off with the lack of morality behind the statement) fully understood what I was saying with this, while you two guys didn't (or should I say, just chose not to ).
Which one of these statements is correct:
1. A loan is not legally recognized without a promissory note
2. A loan is legally recognized without a promissory note
After answering that, we can get into proving verbal contracts.
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