Suing Abuser for Damages

In terms of the money that was borrowed, was there ever a specific agreement about when and how it would be paid back? Courts often deal with breaches of contracts or failure to pay back a loan from one party to another. However, in order for someone to prove in court that they lent someone money, they’d need to prove that there was an oral contract or a written contract before the money was lent that lays out the repayment terms. Most people don’t write up contracts with an intimate partner but they may make an oral agreement before lending the money and if there are enough specific terms in that oral agreement, that could be considered an oral contract. So, for example, if Person A borrowed $1,000 from Person B and promised to pay it back $100/mo for 10 months or promised to pay it back in April when they got their tax refund, a judge may consider that to be an oral contract that can be enforced and issue a money judgment against Person A that Person B can enforce. Often times, it’s helpful to show that a certain number of payments were made that went along with that schedule for repayments if that was the case or other evidence that backs up the oral agreement, such as texts or emails that confirm that money was lent and how it would be repaid.

You can read more about suing an abuser in civil court [HYPERLINK] on our website. In order to get specific advice for your situation, I suggest you consult with a lawyer. We link to lawyers on our Finding a Lawyer {HYPERLINK] page.