Insights  ·  Debt Recovery

I Lent Money and There Is Nothing in Writing

In short

No document does not mean no right. It means a problem of proof, and problems of proof are often solved. What counts, what does not, and in what order to move.

The first thing we say to anyone who arrives with this story: the fact that you signed nothing does not mean you made a gift. It means that if the other side denies it, you will have to prove by other means both that you handed over money and that it was handed over as a loan. Those are two separate things, and the second is almost always the hard one.

What counts as evidence

Start from the statute, because it is more helpful than people expect. Under section 10(1) of the Contract Law, Cap. 149, contracts are all agreements made by the free consent of parties competent to contract, for lawful consideration and a lawful object, and they may be made in writing, or orally, or partly in each, or inferred from the conduct of the parties. A loan with nothing signed is therefore not outside the law. It is a contract that has to be proved by something other than a document.

The transfer or the withdrawal showing the movement of the money is the base: it proves the money left you and reached them, with a date and an amount.

From there, the case is decided by small modern traces. Messages and conversations in which repayment is mentioned. Reminders you sent and answers you received. Witnesses who knew of the arrangement.

Partial repayments carry a value of their own. Someone who returned sums to you, by transfer or in cash recorded somewhere, behaved as a debtor rather than as the recipient of a gift. Gather everything before making any move, and do not tidy up old conversations: that is usually where your case lives.

The usual defence: it was a gift

In these cases the defendant rarely denies receiving the money. The denial is about its character. That is why the evidence that matters is not the evidence of payment but the evidence of the expectation of return, and why the messages people consider trivial often decide the outcome.

Time is not on your side

Claims do not stay available indefinitely, and the period runs from the moment the right to sue arises rather than from the moment the relationship soured. Where repayment was to be on demand, the demand matters, which is another reason to put it in writing.

The order to move in

Collect first, demand second, sue third. A written demand with a deadline does two things at once: it often produces payment or a proposal, and where it does not, it fixes the position and the date in a document that can be put before a court.

What it should not do is argue the case. It states what was lent, when, and what is required by when.

Making an enquiry

Briefly describe your matter and mention any deadline. You do not need to gather documents before getting in touch.

Information we may need later

Once we confirm we can act, we will explain what to provide. The following information is for the subsequent review, not your first message.

The bank record of the transfer or withdrawal, every message and conversation about the money in their original form, anything showing partial repayment, the names of anyone who knew of the arrangement, and what was said about when it would come back.

Questions we are asked

Years have passed. Is it time-barred?

Often not, and the reason is section 7(3) of Law 66(I)/2012. Where a loan agreement does not provide for repayment on or by a specific or ascertainable day, and does not make prior notice to the debtor a condition of repayment, limitation does not begin before the day a written demand for repayment is served on the debtor by or on behalf of the lender. On informal loans between people who knew each other, where nobody set a date, that means the clock may not have started at all.

What is a message admitting the debt worth?

A great deal, on two levels. As evidence it is a written admission. As to time, section 17(a) of Law 66(I)/2012 provides that limitation is interrupted and treated as beginning to run afresh from the start where the person liable acknowledges the right of action against them in writing. A message saying "I will give it to you next month" is exactly that.

What about the instalments they were repaying?

Section 17(b) interrupts limitation on a money debt where the debtor completes payment of part of it exceeding 50 per cent of the total, including any interest payable. Below that threshold the payment alone is not enough, but the message or receipt that accompanied it may amount to a written acknowledgement under paragraph (a). Keep both.

I lent money without a written agreement. Have I lost it?

Not as a matter of right. The absence of a document is a problem of proof rather than of entitlement. You will need to prove both that money passed and that it passed as a loan, and the second is usually the harder half.

What kind of evidence actually works?

The bank record showing the money moving is the base. What decides the case is usually the surrounding trace: messages mentioning repayment, reminders and the replies to them, witnesses who knew of the arrangement, and above all partial repayments, because someone who repaid behaved as a debtor rather than as the recipient of a gift.

They say it was a gift. What then?

That is the usual defence, and it concedes the payment while disputing its character. It shifts the focus onto evidence of an expectation of return, which is why messages people think trivial often decide the outcome.

Should I message them before taking advice?

Collect first, demand second. Gather everything, including old conversations, and do not delete anything. A written demand with a deadline then either produces payment or fixes your position and its date in a document a court can read.

The route from the demand letter to enforcement is set out in the steps of debt recovery. What the whole thing costs is in what a court case costs.

This article is for general information only and does not constitute legal advice. Laws and their application can change, and individual circumstances differ. For advice on your own matter, contact Klitos Platis at klitos@kleanthousplatis.com or telephone +357 22 680 330.

Klitos Platis

Klitos Platis

Advocate, Partner

Kleanthous & Platis LLC, Nicosia · Published 13 July 2026

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