Oral loan agreements are difficult to prove for several reasons. Firstly, it is necessary to prove that the loan was actually transferred to the borrower, i.e. any real evidence of money being moved such as a bank statement or receipt. In the absence of such a document, the making of the loan (or, according to the dicta of the law, the lending) must be proved by testimony, written communication, or other proof. Another issue may be negotiating the maturity of the loan, i.e. the time by which the debt is to be repaid to the lender. If this period is left to the borrower’s will, the action will be dismissed as untimely. The repayment period is also left to the debtor’s will if the repayment of the debt is formulated in such a way that the debtor will pay ‚when he wants to‘ or ‚when he can‘, ‚when he is in profit‘ or depending on a circumstance that can only be influenced by the debtor.
The situation is different if the repayment of the loan is not agreed even by agreement. In this case, you must terminate the contract with 6 weeks‘ notice and take legal action against the borrower to recover the money lent. Contact us if you want to check the documentation for financial loans.