can I take this to small claims court?

Question

My brother bought a 3,000 dollar boat trailer on his credit card for me because I could not qualify for financing. I made weekly paymets to his credit card from my checking account. online transfer right to his credit card account
I paid off his credit card in full.
He held title till I paid it off.
Now I try to call him for my title he wont answer phone, wont return my calls. To make things worse he now lives in different state.
Can I sue him in small claims court?
He was living in Florida at the time we made deal
which is where I live. But now he live in Maine.
So which state I file against him?

I feel I have no other choice. I cant sell trailer or register it. I need paperwork to have it covered on insurance.
Any help please.............

Me and my brother have had
a "falling out" But I still made all paymets to him. Once I paid him off that was last I hear from him.

Answer 1

You say he held the title, but you didn't say if the title was in his name. If the title is in your name, simply apply for a replacement title. It may take a little while and a little money, but in the end you'll have what you need.

If the title is in his name, then you have a different problem and a consultation with a lawyer might be in order.

He may of course simply have misplaced it and be too embarrassed to admit it. After all, you do have possession of the trailer according to your message.

Answer 2

First thought, were you smart enought to put the words "Loan Payment" on any of these transfers? If you did then you ave evidence of what the payments were for. If not, you have no evidence of what the payments are for and they look like gifts. Remember that for the next time. Getting back to the case at hand, apparently you are in possession of an uninsured trailer. Who insured it last and how? What name was on that insurance because it is supposed to be the same as the name on the title? Also, just for giggles if he owns it and he lives in Maine then by law he was required to change the tags and get it insured within 90 days of changing residences. He is the one who has a problem if you get a ticket, in more ways than one. I am guessing you want to sell it. You weren't clear about that. You can request a duplicate title for the vehicle. You can ask the state if you can claim the title as abandoned property given the circumstance explaining that all you want to do is pay the taxes and insurance on the abandoned vehicle. Meanwhile secure a change of title document, fill it out and send it registered mail to your brother, requesting that he sign it and return it so that you can get him cleared of any possible fines and or penalties associated with him being delinquent in his actions so far. Once again, he is responsible for paying for those tags and that insurance until the tile is in your name. As far as small claims is concerned, you have an interesting situation in that the money was not paid to your brother but to his credit card company and I can't be certain that you can file it where you are or if you have to file it where he is. Personally I wouldn't file it at all. The Judge will look poorly on you both for not settling this yourselves. Is there any chance you owe him money for something else and failed to mention that? If you do and he counterclaims you could regret your decision. Try the abandoned property angle first. And just out of curiousity, who owns the boat? Did he ever own a boat? You can see where I am heading with this. If you do go to court the burden is on you to prove that the money you gave him was not a gift. Good Luck.

Answer 3

Well, you would file in Florida. But since you have the trailer, and you have the possession, small claims court cannot award you a title, which is what you need. The judge could see it your way to have the brother pay you $3000 and you give him the trailer, but if you're not talking he won't pay the judgment and you're back to square one. (By the way, the last answer you have on here saying we're all idiots is well, idiotic. You made the deal in FL, you file in FL, not Maine. All you need for a legal service is to mail it by certified mail to his new address, it's small claims court, not superior court.)

Have you tried going to DMV and asking for a duplicate title? People do lose titles in fires, hurricanes, etc. In this state if you file a notorized affidavit stating you are the owner of the property and pay the fee they will give you a duplicate title. I have a feeling it might work that way in FL, too. How else would all those poor people with hurricane damage replace their paperwork? Worth a shot! A lot cheaper and a lot less hassle, plus he won't even show up in court and then you've got nothing but a piece of paper that won't do you any good.

Answer 4

Why not call the clerk of the court, and ask that question? It may be that failure to show up is a default win for the other side. In addition, they probably have some kind of literature which explains your rights and the expected behavior in court. As I understand it, even if you get a judgment against someone in Small Claims Court, further action is required to get them to pay. A lot of claims remain unpaid. But get the correct information from the source.

Answer 5

Yes you can take that to small clams. You would do it the state that you live in. I would call and leave a message and tell him that this is the last change before i take legal actions. When you go to court make sure you have all the papers to prove that you paid for it. Well good luck

Answer 6

You file in the court where the transaction took place. Since the money came from you, it would be in your state.

If you are suing an out-of-state defendant, or if service of process cannot be made by the deputy sheriff or private process server, you should contact the clerk to inquire how service of process may be issued and what fees (if any) are involved.

Answer 7

If the title is in your name, you can put in a request for a replacement title. People lose titles all the time

Answer 8

You need to provide proof of all of your payments to him and have a judge review it. Take him to court where your currently living. The funny thing is that he can legally report it stolen, so get this done ASAP!!

Answer 9

You will have to sue him in the state of his residence to compel him to deliver the title. Talk to a local attorney & s/he might be able to advise you of some more creative ways of accomplishing your goal.

Answer 10

you cant file out of state small claims.......

i find it hard to believe that someone is willing to put a $3K charge on their own credit card, then not send you the title for making all the payments.......what are you not telling us