Sold my friend my car, now he won't pay

[WantsCarBack]

Hello,

Over a year ago I sold my friend my car in Oregon, because I was leaving for college in Hawaii. I didn't have him sign any document saying he would pay me the sum, I just trusted our friendship, having been friends with him since we were children. I left to Hawaii with only his word that he would pay me the 1500 we agreed upon, 200 of which he has paid to date. There is no record of the transaction, however all of our mutual friends are well aware of the agreement. Furthermore, I can get him to openly acknowledge the fact that he owes me money. I can do this through email, chat, phone conversations, and in person. He always gives the same response, that he'll give me the money as soon as he gets it, followed by sob story about how difficult the times are for him right now.

I have offered to simply take the car back since he obviously lacks the money to pay me, but he says "No. I need it." I signed the title over to him, so the car is his, legally.

Is there anyway I can legally get my car back through courts, given that I can get him to admit that he owes me the money, and that I have multiple witnesses that will testify to the fact?

Thank you.

 

[army judge]

Hello,

Over a year ago I sold my friend my car in Oregon, because I was leaving for college in Hawaii. I didn't have him sign any document saying he would pay me the sum, I just trusted our friendship, having been friends with him since we were children. I left to Hawaii with only his word that he would pay me the 1500 we agreed upon, 200 of which he has paid to date. There is no record of the transaction, however all of our mutual friends are well aware of the agreement. Furthermore, I can get him to openly acknowledge the fact that he owes me money. I can do this through email, chat, phone conversations, and in person. He always gives the same response, that he'll give me the money as soon as he gets it, followed by sob story about how difficult the times are for him right now.

I have offered to simply take the car back since he obviously lacks the money to pay me, but he says "No. I need it." I signed the title over to him, so the car is his, legally.

Is there anyway I can legally get my car back through courts, given that I can get him to admit that he owes me the money, and that I have multiple witnesses that will testify to the fact?

Thank you.

The car is legally his/hers.

That became a fait accompli after you foolishly signed the title over to him/her, despite the fact that she/he allegedly owed you $1,300!

Will Big Buck$ Bank or Leo the Loan $hark sign the title over to you before they are PAID IN FULL?

No, a resounding no, they do not.

You receive the title after you have paid off the loan.

Until the loan has been paid, they place a lien against the title.

You could have done that, alas you didn't.

You won't even prevail in a civil suit.

The "friend" has a clean title in his/her name to what used to be YOUR vehicle.

All you can do is prevail upon the good graces and conscience of this "friend" to pay you your $1,300.

I don't expect that to happen anytime soon, do you?

He/she has been in no hurry to date.

Besides, I'm sure that he/she knows what I've just told you.

They possess a clean title to what used to be your car.

She/he bought the car for $200.

You thought you sold it for $1,500.

You might get the $1,300 and pigs might fly!

 

[mightymoose]

Your verbal contract is likely enforceable in small claims. No judge is going to believe that you sold the car for $200.
If he owes you, file a small claims case and let a judge hear it. If he doesn't pay then you can have a lien placed on the vehicle or any other assets with your judgment.

 

[army judge]

Your verbal contract is likely enforceable in small claims. No judge is going to believe that you sold the car for $200.
If he owes you, file a small claims case and let a judge hear it. If he doesn't pay then you can have a lien placed on the vehicle or any other assets with your judgment.

The problem with oral contracts is proof and what was agreed to by the parties. To sue in small claims the OP will have to travel from HI to ME. I suppose a round trip flight will approach $700-900. Then there's the matter of another $100 for filing fees and $50, or so for service. Heck, that's about $1,300 right there. People never learn.

 

[WantsCarBack]

I am going back to Oregon for school so I will be in the town he lives in. Again, our oral contract had witnesses who will testify against him. Would that help?

 

[mightymoose]

Any kind of evidence you could produce to support your claims as to the terms of the agreement will help.
Still, even if you were to obtain a judgment, obtaining the payout is still a challenge. Hopefully your "friend" will pony up and pay if ordered.

 

[Darsha05]

I agree with MightM...in small claims court the verdict is more to what is believable than not and from what you describe, a text message or an email describing what occurred may definitely help your cause as will actual witnesses - not witness statements. Of course, if he has any correspondence from you stating the opposite that will come back to to bite you. Again, small claims is more to what is believable and true and what just makes sense. As Army said, most judges would find it difficult to think a starving student would "give" his car away instead of "sell' it.

As Mighty stated, win the judgment, wait for the appeals to exhaust (30 days at the local DJ) obtain the second signature and file with the courthouse...it will take awhile to place the lien on the vehicle - but you never know...he may become friendly enough to pay you once he receives notice of the hearing and if he doesn't show to the hearing, you automatically win the judgment by default. Understanding that you may never see a dime, you're not out anymore money or respect than if he continued to ignore your requests to make you whole.

Good luck with this...