回複：有關朋友借錢不還的事

1. I think you may try the small claim court. Your case may be based on two grounds, breach of contract and unjust enrichment (quasi-contract claim). The contract is not necessarily in writing, and oral contract should also be honored. It is not like you have no evidence other than your testimony. You has the cancled check to prove you did pay rent for him. You were under no obligation to pay his rent. If he argues the gift, it would be his burden to prove that you did not intend him to pay back.
2. You may demand him to pay your attorney fee and the accrued interest.
3. There should be statute of limitations on the above two claims. You had better check the law of the state where you bring the law suit. I think usually you have five years to file the law suit.
4.Wherever you file the lawsuit, the court should apply the substantive law where the agreement was formed and excuted.

所有跟帖： 

• thanks you -somuch- ♀ (0 bytes) () 12/28/2004 postreply 22:20:02

• 回複：回複：有關朋友借錢不還的事 -bm- ♀ (773 bytes) () 12/29/2004 postreply 10:34:31

• 回複：回複：回複：有關朋友借錢不還的事 -xiexiedj- ♀ (63 bytes) () 12/29/2004 postreply 20:27:29

• It's contract law. -bm- ♀ (29 bytes) () 12/30/2004 postreply 09:06:54