Sigman Janssen Legal Blog

Hard Work Brings Home Successful Collection Action

April 30, 2015

Attorney Chris Evenson won a judgment for a client who had loaned a family member a significant sum of money for the purchase of a home. The victory cam after a trial to the court and fully vindicated the client’s right to reimbursement for the money loaned.

While there was no promissory note or other written evidence of the loan, the client was awarded the full amount of the claim on the equitable grounds of unjust enrichment.  This claim involves three elements:  1) a benefit (in this case money) is conveyed to another person, 2) the recipient is aware of and retains the benefit, and 3) the circumstances make it unjust for the benefit to be retained.

One key to the victory was vigorous pursuit of pre-trial discovery which provided the basis for impeaching the defendant’s credibility .  The credibility of the parties was critical to the court’s decision given the lack of written documentation.