Doesn't somebody need evidence to sue another person?

[Meghan12]

What is the name of your state (only U.S. law)? Iowa

A man who I have spoken to in almost 6 years is demanding I owe him $5,000. He claims he gave me this money in cash, more than 5 years ago, with a verbal agreement that when he needed it back or I could give it back, I would. He claims he has text messages (which he doesn't because this didn't happen) and when I asked for him to send me those messages he refused saying that I could see them when we went to court. That's fine because this did not happen. I would never take money (especially that amount) from someone. Is this crazy to think he can take me to court and not have any evidence at all to prove this? Furthermore, how can I disprove that this never happen?

 

[HRZ]

He has burden to prove debt existed ...and generally a debt of more than one year must be in writing and signed by you....look up statute of frauds for your state ...but don't blow off a hearing lest he get a default judgement

 

[LdiJ]

What is the name of your state (only U.S. law)? Iowa

A man who I have spoken to in almost 6 years is demanding I owe him $5,000. He claims he gave me this money in cash, more than 5 years ago, with a verbal agreement that when he needed it back or I could give it back, I would. He claims he has text messages (which he doesn't because this didn't happen) and when I asked for him to send me those messages he refused saying that I could see them when we went to court. That's fine because this did not happen. I would never take money (especially that amount) from someone. Is this crazy to think he can take me to court and not have any evidence at all to prove this? Furthermore, how can I disprove that this never happen?

Most likely he is trying to scam you. The burden of proof is on him to prove, with evidence, that the debt exists and that you have not paid it.

However, that doesn't mean that he won't actually sue you. Some people are just that brazen. Therefore you will have the hassle of dealing with court if he does sue you. All you will be able to do is tell the judge that you never borrowed any money from the guy and that he never gifted you any money either. Then it will be up to him to prove that he did.

Its also possible, but less likely, that he actually believes that he gave you money. If he is in an way mentally challenged or experiencing any kind of memory loss that might explain things as well.

 

[quincy]

What is the name of your state (only U.S. law)? Iowa

A man who I have spoken to in almost 6 years is demanding I owe him $5,000. He claims he gave me this money in cash, more than 5 years ago, with a verbal agreement that when he needed it back or I could give it back, I would. He claims he has text messages (which he doesn't because this didn't happen) and when I asked for him to send me those messages he refused saying that I could see them when we went to court. That's fine because this did not happen. I would never take money (especially that amount) from someone. Is this crazy to think he can take me to court and not have any evidence at all to prove this? Furthermore, how can I disprove that this never happen?

If you are sued and if the fellow tries to introduce text messages he alleges are from you, challenge their authenticity and also argue statute of limitations, which is 5 years for oral debts.

In the meantime, block all of his calls and messages. In the unlikely event that you ARE sued, contact a lawyer in your area.

 

[Taxing Matters]

and generally a debt of more than one year must be in writing and signed by you

Note that generally the English statute of frauds included that contracts which by its terms could not be fully performed in a year had to be writing. If the contract could have been fully performed in year but for whatever reasons was not, that agreement is not subject to the rule. Here, as stated by the OP, it would appear that the contract could have been completed in less than a year; nothing in the terms of the agreement would have precluded the OP repaying it in less than a year.

That said, not having a signed promissory note for a claimed loan of $5,000 of cash would make it very difficult for the guy to win. All he’s got is his own self-serving testimony and alleged text messages that he won’t share with the OP (and that evidently do not exist).