I want to know if I can sue for small claims. I need advice

[APRILR]

Ok I am going to make this story short:
I was good friends with this guy and he wanted to buy rims for his truck. So he asked me if I could take out a loan for him for $2,000.00 because he said they wouldnt approve him cause he already has too many loans out in his name. I took the loan out for 3 years(which has a very high interested rate) and the payments on the loan were $100.00 a month. The only reason why I did it because he told me he is living with a roommate now instead of hisself and he could even double the payments a month to pay the loan off faster! He gave me one payment of $100.00(in cash)and I wrote the check to the bank. Now 3 months later and I have to pay this loan cause he refuses to pay for it and he wont answer my phone calls now. He saying that I can have the rims, but that wasnt our agreement. the rims arent going to be worth the money he owes me. He is also saying now that i gave them rims to him as a birthday gift(which i gave him the money in July his b-day is August. but he went to the rim shop anyway and bought them hisself, i didnt. Ijust handed him the money. He says he is going to tell the judge i bought the rims for him and now i am mad that he doesnt want me so i want my gift back.We werent even boyfriend/girlfriend and if it was like that, when he offered to give me the rims i would have took them but i didnt because thats not what we agreed on. i want my money so i can pay the bank back. Its really his word against mine but he is lying about everything. Do you think i can sue him?

 

[lwpat]

Do you think i can sue him?

Sure, this is America where you can even sue McDonald's because you are fat.

Go to the local magistrate and the clerk can give you the forms and instructions. There will be a small fee. Oral contracts are binding but there must be sufficient proof. It will come down to what the judge believes is the truth.

Even if you win all you will get is a judgement which you will then have to try to collect on your own.

 

[Michael Wechsler]

ROFL... I'm laughing at lwpat's comments about McDonald's. Unfortunate but true. Here are my comments:

(1) Of course you can sue this individual. Simply because the defendant disagrees with your version or may lie doesn't stop you from suing on what you believe is a valid debt from a completed transaction. Whether you will win in court is another issue and, from what you present, it seems like your chances may be relatively good. Be prepared and organized when presenting your case.

(2) I've seen a thousand times on this board and elsewhere -- plaintiff takes out a loan in his/her name because defendant's credit or situation makes it untenable or impossible for defendant to take out a loan from a typical lender. Question: Why are you then loaning money to this person when many money lenders consider this person to be a very high risk of default and small likelihood of payback?

I don't mean to chastise you, only to hopefully point out this issue so that it doesn't happen to you or most anyone else again. If others think it isn't worth the risk, that should tell you something immediately! Don't think that the courts will help you recover a loan that should probably not have been made in the first instance.

(3) I wouldn't worry about what the defendant will say and you should probably sue for the money, the interest on the loan, the cost of taking him to court and the enforcement and all consequential damages you have as a result of this person defaulting on the loan. Adjudication will likely come down to credability in the absense of a written agreement and for a person to state that another took out a $2,000 loan for a birthday present which is money that is dear to each is beyond incredible. I don't think any reasonable person will believe that story and I can imagine the words the judge or arbitrator will have to say to such a preposterous explanation.

Good luck and let us know how you do.

Ok I am going to make this story short:
I was good friends with this guy and he wanted to buy rims for his truck. So he asked me if I could take out a loan for him for $2,000.00 because he said they wouldnt approve him cause he already has too many loans out in his name. I took the loan out for 3 years(which has a very high interested rate) and the payments on the loan were $100.00 a month. The only reason why I did it because he told me he is living with a roommate now instead of hisself and he could even double the payments a month to pay the loan off faster! He gave me one payment of $100.00(in cash)and I wrote the check to the bank. Now 3 months later and I have to pay this loan cause he refuses to pay for it and he wont answer my phone calls now. He saying that I can have the rims, but that wasnt our agreement. the rims arent going to be worth the money he owes me. He is also saying now that i gave them rims to him as a birthday gift(which i gave him the money in July his b-day is August. but he went to the rim shop anyway and bought them hisself, i didnt. Ijust handed him the money. He says he is going to tell the judge i bought the rims for him and now i am mad that he doesnt want me so i want my gift back.We werent even boyfriend/girlfriend and if it was like that, when he offered to give me the rims i would have took them but i didnt because thats not what we agreed on. i want my money so i can pay the bank back. Its really his word against mine but he is lying about everything. Do you think i can sue him?