Request repayment if you have borrowed money


Questioner

Dear, I lent my ex 4500 euros 2 years ago to buy a second hand car. And she thinks because I have no proof that I can't get it back so she doesn't want to pay. I don't have a contract stating that she paid for that car with my money but I have a transfer receipt that 4500 was transferred to the seller and that I never received back from my ex afterwards, can I use that in a lawsuit together with any proof from the div that her number plates were requested for that specific car of which I have a photo that I owned it. As additional proof I also have some text messages where she claims that she paid that money which makes it clear that she knows what I am talking about and that the payment was indeed made by me instead of her

Lawyer

It seems that you have sufficient evidence that you lent her the money. I could summon your ex on your behalf to pay back the money. Have you done that yourself? Otherwise, please contact me directly without obligation to discuss your options.

Questioner

Thank you for your quick response. I sincerely hope that I can claim it back. I have done research and it would be that she does not have to refute my evidence, that I really have to have clear evidence to claim it back

Lawyer

As plaintiff, the full burden of proof in principle lies with you ('he who claims, proves'). The circumstances could also give rise to sufficient suspicion.

Lawyer

In any proceedings, you must demonstrate that there was a loan. You cannot demonstrate this, not only because you have nothing in writing about this, but also because you have not physically lent any money. You have used the money to buy a car for her. You can now state that this car 1) was not a gift 2) she has been unjustly enriched by the purchase of the car in her name. She is then obliged to repay you the amount that you paid for the car. I am happy to help you with this matter and to send the other party a formal notice to repay the purchase price of the car. If they fail to do so, you can claim this in legal proceedings. In the extrajudicial phase, I can handle the case on a 'no cure, no pay' basis. You only pay for my work if I succeed in recovering the claim from the other party. Please feel free to contact me without obligation and free of charge.

Questioner

I would like to think about that. But where are you located? Since this is a Dutch site

Lawyer

I am located in the middle of the Netherlands, about 15 kilometers from Utrecht. If you live outside the Netherlands and your ex lives in the Netherlands (or vice versa), it may be possible to use a European debt collection procedure. Compared to a regular summons procedure, this is often cheaper.

Lawyer

Think about it for a moment. You can find my contact details on my profile page. My place of residence is not important for the case, since I am active throughout the Netherlands and I can also represent you in any court.

Questioner

I'll let you know something else, I first have to get everything together and put everything in order. And I don't live in the Netherlands and neither does my girlfriend.

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