He borrowed money from me to buy a car from a private seller- I paid money to the seller by check. The seller transferred the car's registration and everything to him after getting the check from me- I went with him to buy the car. Now he refuses to pay back the money I paid towards his car. What are my legal options. I dont have any written agreement with him as such except for the check I wrote for him. Can I approach the court?
2007-10-31 09:08:33 · 16 answers · asked by Anonymous in Business & Finance ➔ Personal Finance
Either kick his teeth into his tonsils, or take him to court. those are your choices. I prefer choice #1. 1st Sgt., 7th Special Forces, (Ret.) Vietnam 67-70
2007-10-31 09:13:25 · answer #1 · answered by KatVic 4 · 0⤊ 0⤋
Absolutely you should take him to court, especially since the check has your name on it. A judge will in no way believe that the car was a "gift." Draft a statement for the seller to sign that the seller was a witness to the transaction and that it was clear that you were making a loan to your friend and not just giving the money away, and have it signed and notarized. And make sure you ask for the seller's receipt.
2007-10-31 09:15:11 · answer #2 · answered by Vangorn2000 6 · 0⤊ 0⤋
Yes! I watch alot of court television and so long as you have the check that you wrote for him, you are in the clear. There is absolutely no reason for him to not pay you back. Threaten to take him to court and see if he pays back. If not, then go to small claims court. Be sure to be ready with all evidence. You may even get more money for interest since you were not paid promptly.
2007-10-31 09:12:08 · answer #3 · answered by Lum 5 · 0⤊ 0⤋
You have nothing to stand on. You had no written agreement, You have no stock in the car since all the paperwork is now in your boyfriends name. You wrote the check to the car dealer, which doesn't necessarily prove you bought the car for your boyfriend. You could attempt to get a lawyer and sue your bf for the money but it is going to be a hard argument if your boyfriend decides to tell the court that he doesn't know what your talking about.
2007-10-31 09:18:45 · answer #4 · answered by jimapalooza 5 · 0⤊ 0⤋
Alas, had you only read more Shakespeare when you were in school you could have heeded the bard's immortal advice:
Neither a borrower nor a lender be;
For loan oft loses both itself and friend...
It will be difficult, but not necessarily impossible to prove in small claims court that you did not intend the car to be a gift. Threaten to take your friend to court and see if that produces the cash.
2007-10-31 09:15:48 · answer #5 · answered by The Professor 5 · 0⤊ 0⤋
Approach the court and say that your friend verbally promised to pay you? Without a written agreement, you can’t prove that the car wasn’t a gift.
You’ve learned some expensive lessons. Don’t loan money to anyone unless you’re a bank, and don’t engage in business transactions without a written contract.
2007-10-31 09:12:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you could take it to court but mind you, the fees there could possibly be more than the price of the car.
If you don't have any written agreement it might be hard to prove anything.
It'd just be your words against his words.
My advice would be to somehow try and solve this without court, talk to him and see if he's reasonable or watever.
If there really is no point in talking to him (ie, him denying completely about the payment and denying being friends with you...) then go to court and hope justice prevails.
Because if he truly is a friend, i don't see how he can like keep denying the payment..if he does, then u know the type of friend he really is and it's better late then never to say goodbye to this friend of yours.
2007-10-31 09:13:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yeah well..you can probably go to small claims court, so long as its less than like 5 grand you are looking for...be sure you make your case as legitimate as possible. if your check was to him, bring that reciept of that check, if you wrote it directly to the guy who you bought the car from, make sure you get a statement from the guy saying how the money was givin to him by you, on your friends behalf.
but its not going to be easy...i would try to get an audio tape of you calling your friend and asking about the money, and when your friend says he isnt goin to pay back that loan...you bring that to court...
2007-10-31 09:13:39 · answer #8 · answered by Anonymous · 0⤊ 0⤋
well u paid by check and the other person put the car in there name so thats probably enough proof so go to court small claims depending on the amount
2007-10-31 09:14:44 · answer #9 · answered by D 2 · 0⤊ 0⤋
Take it to small claims court. Yes, you are correct. If you were to go to a federal judicial court, you'd probably be out because you didn't have a contract.
But in small claims court, if you can provide proof of the tendered check, you would probably win.
2007-10-31 09:12:50 · answer #10 · answered by Scott D 5 · 0⤊ 0⤋
Small claims court. It's going to be a hassle.
Next time, don't lend money to friends with the expectation of getting it back.
2007-10-31 09:12:01 · answer #11 · answered by Tikva 4 · 0⤊ 0⤋