Can I win this small court case??

Question

I bought my ex-bestfriend a dog adn the yorkie was
$800+$250(shipping) + $40(micro chipping) and I told her she had to pay me for her and that was September of last year and she hasn't paid one cent towards the dog and her mom said she never hear of how much the dog, when I brought up the yorkies cost about 4 times around her.
But I dont have any proof she said she was gonna pay for her,
but I do have the document that I paid for the yorkie.
Could I win the small claim case? I am taking her and her mom to court

Answer 1

Yes.

Without a contract, the question is just asked "has the person who is benefiting paid?"

So, they will have to pay the full price. If they don't want to, the other option might be that the court will make them give you the dog back.

Answer 2

You have a very good case. Unlike criminal court, tort law only requires a reasonable amount of circumstance, not hard core proof.

The fact is she has the dog and you paid. Many people try to use the "it was a gift" thing in defence and it rarely ever works. Very few people will buy someone a "gift" that is over $1000.00 . How many times do you recall ever getting a gift like that...and if so, one that was from a friend and not a parent or grandparent.

You have proof that you paid, at the very least you would get the dog.

On an aside, if you used credit to purchase the dog, ask for the interest accrued on it as well.

Answer 3

You could try...I mean if you have a receipt saying you bought the dog...the judge might think it is a little weird that you gave it to your friend...and didn't expect to get paid back. I don't know many friends that would just give their friend a dog worth over 1000 dollars. Do you have any emails or letters at all? The more evidence you can bring in the better your odds are. Good luck and I hope you win!

Answer 4

You have an excellent case. This is exactly what small claims court is for. Just take in your documentaion, and explain what happened. But...

Keep in mind that they are NOT required by law to show up. You will get a ruling in your favor if they don't, but being legally entitled to the money and actually getting the money are two different things. Don't be too disappointed if you never see a dime.

Answer 5

Okay you started by you bought you ex-best friend. That indicates that it was a gift so if you plan on doing anything you need to change your wording. The price of Yorkes around you means nothing. Did you have a contract, did she sign something stating you were to buy it and she would pay you back? You have a very weak case.

Answer 6

You say "I told her she had to pay me (for the dog)." If that means she ALSO said Okay, I'll pay for the dog, then you have an enforceable verbal contract, and you can win.

Even if she didn't say "Okay," by her accepting the dog, she was also accepting your conditions.

You don't say how old your friend was. If she was a minor at the time, you may not have an enforceable contract, and you can't force her mom to pay. however, she may have to give you the dog.

Answer 7

Doesn't sound like you had any kind of contract with her to get payment for the dog. Sounds like a gift to me. Very expensive gift, so why did you get it, any circumstances, anything surrounding it that might show it was not a gift, but a convenience for you to facilitate getting it for her and she was to pay? You'll need some kind of backup like that.

Answer 8

maybe and maybe not, if all you have is verbal, not written communication stating it was a loan and the dog was given on a birthday, Christmas's, valentines day they may claim it was a gift

if on the other hand they acknowledge that the dog was given on another occasion but it was a gift you will have a better shot

Answer 9

You could win if you're taking her to court for the dog itself. Hope it goes well for you.

Answer 10

not sure since you didnt have a contract