One of the most common calls we receive goes something like this: “I lent money to a friend, relative, or business owner. We never signed a loan agreement. But I have text messages where they keep promising to pay me back. Can I still recover the money?” In many cases, the answer is yes. While a written promissory note is always preferable, New York courts regularly consider text messages, emails, checks, bank records, and the parties' conduct when determining whether money w

One of the most common—and costly—mistakes I see in business disputes is the confusion between a loan and an equity investment. While the distinction may seem obvious in theory, in practice parties often blur the line, leading to litigation when expectations are not met. A recent case illustrates just how dangerous that confusion can be. In Gritsay v. Brooklyn Comprehensive Center (Kings County Sup. Court May 7, 2026), the plaintiff alleged that she paid approximately $750,00

Business disputes in New York City and Westchester County often turn less on who “owes what” and more on how the deal was documented. A recent New York Supreme Court decision arising out of a high‑end wedding dispute underscores a recurring and costly mistake: using a loan agreement when no loan was ever made. The Underlying Facts: A Wedding, Large Invoices, and a Last‑Minute “Loan” In Timmons v. Guggenheim, 2025 WL 2962296 (Sup. Ct., N.Y. County Oct. 16, 2025), the dispute a

Family loans are often made with the best of intentions. Parents want to help a child through a rough patch, relatives step in to assist with buying a home, or former spouses continue to provide financial support long after a relationship ends. Because these transactions are rooted in trust and family relationships, people frequently assume formal paperwork is unnecessary. Unfortunately, when relationships sour, finances change, or estates and divorces are involved, undocumen

Lending money to a family member is often done informally, based on trust rather than documentation. When repayment does not occur, however, the lack of a written agreement can leave even a well‑intentioned lender without legal recourse. New York courts routinely confront these disputes, and they consistently demonstrate that good faith expectations are not a substitute for a properly memorialized loan. The risks are well illustrated in Callahan v. Coventry (Suffolk County 20

One of the most dangerous provisions buried in many commercial loans and personal guarantees is a clause waiving all defenses, counterclaims, or offsets. These clauses are often described as “standard,” but in reality they are designed to strip a borrower or guarantor of meaningful legal protection before anything goes wrong. Once signed, they can turn even blatant lender misconduct into an unenforceable complaint. In plain terms, a waiver of defenses means the borrower agree