Verbal agreement

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exnav73

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About 3-4 years ago. we lent our soon to be ex son-in-law $1300 to have the engine replaced in his older Honda. The verbal agreement was that this was not a gift, but a loan and that we expected to be re-paid (he and our daughter had recently filed for bankruptcy before that). Our daughter was not included in the verbal agreement. No promissory notes were signed etc., but we do have the cancelled check that we made out to the "friend" that replaced the engine. We have requested payment for the $1300 at least twice with no response. Can we take him to Small Claims Court here in Oregon without a promissory note?
 
You can but keep in mind that the statue of limitation for your state, if I am not mistaken, is coming close to expiring. Do you have anything (an email or letter) saying that he owes you the money and that he had intention to get the pay you back? Your testimony will definitely be the decision factor in the case and having an affidavit from the person who replaced the engine saying that he did that and that he received a check from you will help a lot. Hope this helps!
 
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