Money Lent-FAQs

Claims for money lent under Florida law can arise when loaning money from one person to another person for a specific purpose and the borrower failing to repay as agreed thereafter.  A claim for money lent is relatively simply and is comprised of:

1. Plaintiff delivered money to Defendant;
2. The money was intended as a loan; and
3. Defendant has not repaid the money.

What does a complaint for money lent look like?

Plaintiff, A. B., sues defendant, C. D., and alleges:

1. This is an action for damages that (insert jurisdictional amount).2. Defendant owes plaintiff $……….that is due with interest since …..(date)….., for money lent by plaintiff to defendant on …..(date)…… 

WHEREFORE plaintiff demands judgment for damages against defendant.

Are there Defenses to a Claim for Money Lent?

Yes.  One of most common defenses we see is that the recipient is claiming that the money was a gift as opposed to a loan.  This is usually always a factual question that is required to be determined by a judge or jury at trial.  Other defenses may be that the claim is past the 4-year statute of limitations or that the loan violates the statutes of frauds, which requires that certain contracts be in writing to be enforceable such as when someone agrees to pay the debts another, real estate contracts, contracts for the sale of goods with a total value equal to or exceeding $500, and instances where the contract cannot be fulfilled within one year. There are numerous other defenses available.

Have you been sued for money lent?

Contact top Florida contract defense attorney Andrew J. Pascale attorney today.  This blog does not constitute legal advice and is for illustrative purposes only.