The car is registered in my name, there is no verbal or written contract and there is no lien on the car. I would like to counter-claim him for the harassment and mental angues he has caused me by doing this. It is a guy just trying to cause trouble for me and he can afford it.
2007-01-08 08:03:39 · 9 answers · asked by Tree 1 in Politics & Government ➔ Law & Ethics
When you go to court you will have a burden to demonstrate by evidence that the monies lent to you was a gift, even though there is no contract monies was exchanged. He is saying it was a loan and i assume your answer to the complaint will be it was a gift
As toward the harassment it will depend on what proof you have, how ofter he contacted you etc you will need to establish a pattern to sue for harassment, as toward the mental action the court will look toward medical evidence to back up your claim the court will not take your word alone
but you main focus should be on the monies you received from him for the car, if for say he gave the monies on Christmas's, your birthday , valentines day this would be advantageous to your part that it was a gift
2007-01-08 08:20:36 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
If this is a small claims action as opposed to a superior court civil action (depends on state) you can not counter claim mental anguish or harassment. If the plaintiff has a friend that will testify that they witnessed the plaintiff give you money and you in turn verbally promise to pay it back, you will LOOSE. Beware, it is a lot easier to find a witness that "saw" something than to find one that can credibly testify that nothing (especially a verbal contract) ever happened.
2007-01-08 08:22:02 · answer #2 · answered by Gunny T 6 · 0⤊ 0⤋
In case you have a written contract you would take her to Small Claims court docket. It would be kind of hard to prove, decide would wish to know in the event you had benefited from the car being repaired? Did she provide you with rides in the auto? Used to be she driving this vehicle to look you? Simply reduce your losses and move on.
2016-08-10 11:22:42 · answer #3 · answered by ? 4 · 0⤊ 0⤋
once you've a written settlement you would possibly want to take her to Small Claims court docket. it would want to be style of not hassle-free to teach, choose might want to pick to understand in case you had benefited from the vehicle being repaired? Did she grant you with rides contained in the vehicle? become she utilising this automobile to work out you? basically reduce your losses and flow on.
2016-12-28 10:10:00 · answer #4 · answered by ? 3 · 0⤊ 0⤋
You said it yourself in your question. He LENT you the money for the car. It implies, by your own words, he is suppose to get paid back. Be a friend and repay his kindness.
2007-01-08 08:11:57 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Did he loan you the money?
If so, then you owe it to him.
If you're trying to low life out of your obligation just because there is no contract you deserve to be sued...... or worse.....
2007-01-08 08:16:54 · answer #6 · answered by ? 2 · 0⤊ 0⤋
If you borrowed the money do the right thing and pay it back.
2007-01-08 08:15:03 · answer #7 · answered by Look on the bright side. 5 · 1⤊ 0⤋
well if there is no contract, why did he loan you the $$$, also if you made payments to him, that proves that it actually was a loan and he will win
2007-01-08 08:11:54 · answer #8 · answered by Anonymous · 1⤊ 0⤋
evidently you owe the man,why the hell don't you pay him? it is evident he helped you out, now you don't want to pay him back his money , no doubt he is not charging you interest, some people are do ungrateful, you are scum bag
2007-01-08 08:13:46 · answer #9 · answered by Anonymous · 3⤊ 0⤋