Home Q&A Forum Can a repayment agreement be enforced if there was no written contract or agreement?

Debt Collection

Repayment Agreement

Massachusetts

Asked on Jun 25, 2024

Can a repayment agreement be enforced if there was no written contract or agreement?

I recently borrowed a significant sum of money from a friend to cover some unexpected medical expenses. We agreed verbally that I would repay the loan in monthly installments over a period of one year, but there was no written contract or agreement. Unfortunately, due to unforeseen circumstances, I am now facing financial hardship and am unable to make the agreed-upon payments. My friend is threatening legal action to recover the loan. Can they enforce the repayment agreement even though there is no written contract?

Answers from 1 Lawyer

Answer

Debt Collection

Massachusetts

Answered 768 days ago

Laura H.

ContractsCounsel verified

Business Lawyer
Licensed in Massachusetts
5.0 (1)
Member Since:
May 2, 2024

If the final payment was scheduled for more than one year after the agreement was made, Massachusetts law generally requires a written document. Texts or emails are considered writings that may be used to fulfill this requirement. However, there may be an exception if the parties began performance. A local attorney can review the evidence to provide specific advice.

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