How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I took out a loan for a friend needless to say he is denying

Resolved Question:

I took out a loan for a friend needless to say he is denying all knowledge of the loan. It's just under £3,000. I do how ever have some text messages referring to the loan payments and the excuses. Will this count as proof and is it possible to arrest wages and take into a small claims court. Also they are claiming I have have mental health issues (which is untrue and I can prove this) can I do anything about this comment as it is in writing. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The test messages will count as evidence. Make sure you get these printed out and copied as evidence. You don't say what the defence is to the loan but under Scots law there is a presumption that monies paid are a loan rather than a gift.

The mental health allegations are irrelevant and won't impress the court.

You can take this to the small claim court and if you are successful and get a decree you can instruct sheriff officer to arrest wages, bank accounts etc.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
JGM and 3 other Law Specialists are ready to help you