I purchased a motorcycle for my boyfriend of 5 years, and he agreed to make the payments on it. Two months after this purchase, he broke up with me and then voluntarily returned the bike to me. Now, he's suing me for how much he spent on the bike (accessories etc.) I don't get any use out of the bike, I can't ride it, and I have been making the monthly payments. Can I countersue him for the payments because he agreed to pay them, and hasnt been?
2007-01-06 06:11:52 · 6 answers · asked by texxxasgirl 2 in Politics & Government ➔ Law & Ethics
Yes, Is the bike in his name? did he sign or cosign on the loan? is anything in writting? These will help you out by far.
2007-01-06 06:20:59 · answer #1 · answered by fnygrl74 4 · 0⤊ 0⤋
Yes, for this reason. Anytime there is an agreement, written or verbal, that constitutes a meeting of the minds, that makes it a contract. The 7th. Amendment to the U.S. Constitution states in part,"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved,"
Article 1, Sec. 10 also states in part, " No state shall pass any Law impairing the Obligation of Contracts,".
You have him. He would have to repay the payments that you have made and pay for the accessories also.
2007-01-06 06:36:43 · answer #2 · answered by gyro-nut64 3 · 0⤊ 0⤋
If this is a small claims action bring your facts up the minute you are allowed to argue your case. He's all wet.... Hopefully he put his intentions to make payments on paper, if not, if he made ANY payments that shows intent and you will win... This could backfire on him big time. Yes, counter file in Small Claims before your appearance date, have the clerk run the two hearings simultaneously. ..
2007-01-06 06:38:41 · answer #3 · answered by Gunny T 6 · 0⤊ 0⤋
Yes indeed. The fact that he made payments on it backs your position that he agreed to it. However, it's still your word against his and you may wind up getting the short end if he's not party to the written contract.
2007-01-06 06:22:13 · answer #4 · answered by achue500 3 · 0⤊ 0⤋
Yes definitely. Dont let him get away with this
2007-01-06 06:18:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes you can 100% yes
2007-01-06 06:15:50 · answer #6 · answered by ashrafshinkar 1 · 0⤊ 0⤋