I know an idiot. Story & small claims ?

[2002XLT 5,000+ posts]

So a friend of my girlfriend needed a car awhile back and a friend of his sisters could not afford her car. So they decided to have him take over the other persons car note.

They did this verbally, without any contract, but it was negotiated that he would simply take over the payments and it was his car. He ends up getting a job in another state for the last couple months and came back into town. This lady comes and TAKES the car back, simply saying that she didnt give him permission to drive out of state.

He just bought new tires, has paid on this car for the last 6 months, and now has absolutely nothing to show for it other then helping someone elses credit score.

So my question is this, if he goes to small claims, without a legal contract, he is pretty much SOL right? Or could he sue for the tires and possibly maintenance?

Also, a question about small claims. After the verdict is rendered, does the court force the guilty to pay the amount, or is it just a judgement, and they are not obligated to pay? So that even if he did win, he might not even get the money?

Never gone through small claims, so just curious.

Click to read more...

 

[IamDeMan 5,000+ posts]

I would think he can get the monies for repairs/maintenance provided he kept the receipts and work records.

 

[IamDeMan 5,000+ posts]

Hell try to see what it takes to file a mechanics lien against it as well.

 

[jco1385 5,000+ posts]

dumb shit. everything goes on paper. otherwise no proof. this will be thrown out for lack of evidence...

 

[Naledge503 10+ year member]

He should fight it and try to get any witnesses that witnessed the verbal contract. Other wise he is SOL.

 

[crunktimes.com 5,000+ posts]

I don't think without an actual written agreement he will get anything even if he paid for all that shit. Your freind sounds like a moron, I could be wrong though he may win but doubtful.

Look at it this way, if you need something on your car say a ****** and I pay to have it fixed for you do you think I technically can say I own the car and get it back or go to small claims court and win without any type of signed agreement?

 

[2002XLT 5,000+ posts]

I would think he can get the monies for repairs/maintenance provided he kept the receipts and work records.

Doubt he kept them, but ill let him know.

Hell try to see what it takes to file a mechanics lien against it as well.

Not sure what a mechanics lien is, more info please?

dumb shit. everything goes on paper. otherwise no proof. this will be thrown out for lack of evidence...

Exactly what i told him, and i didnt even say it that nice. Fcking idiot.

He should fight it and try to get any witnesses that witnessed the verbal contract. Other wise he is SOL.

Ya, and i doubt his sis would testify against her friend, so im fairly certain he is SOL regardless.

 

[2002XLT 5,000+ posts]

I don't think without an actual written agreement he will get anything even if he paid for all that shit. Your freind sounds like a moron, I could be wrong though he may win but doubtful.
Look at it this way, if you need something on your car say a ****** and I pay to have it fixed for you do you think I technically can say I own the car and get it back or go to small claims court and win without any type of signed agreement?

Truth.

And good point.

 

[IamDeMan 5,000+ posts]

dumb shit. everything goes on paper. otherwise no proof. this will be thrown out for lack of evidence...

Not true. While he won't be able to secure the car again, it was a verbal contract and holds some weight in getting reimbursement on monies spent, especially if he has proof of any work done to the car. Like I said if he has records of the tires and anything else for 6 months that is proof alone, some deal was established and he can get a judge to make a judgment. I would see if he can file a lien against the title for buying the tires and proceed from there.

 

[IamDeMan 5,000+ posts]

Doubt he kept them, but ill let him know.


Not sure what a mechanics lien is, more info please?

Exactly what i told him, and i didnt even say it that nice. Fcking idiot.

Ya, and i doubt his sis would testify against her friend, so im fairly certain he is SOL regardless.

A mechanics lien is a lien against the title of the car until payments are met for repairs/maintenance etc. They use it when bad checks are written or someone drives off with their car that had repair done to it without paying. The car can't be sold until the liens are settled.

However you stated he may not have records for anything he did to the car so he will really be SOL, even with a witness. You have to keep records. Good luck getting a judgment without ANY tangible proof whatsoever.

 

[2002XLT 5,000+ posts]

ill let him know about that.

Anybody know about the other questions about small claims proceedings after a verdict is rendered?

 

[2002XLT 5,000+ posts]

A mechanics lien is a lien against the title of the car until payments are met for repairs/maintenance etc. They use it when bad checks are written or someone drives off with their car that had repair done to it without paying. The car can't be sold until the liens are settled.

cool, so it basically works like any other lien. Very cool, didnt even know they had that, but i guess it makes sense.

 

[IamDeMan 5,000+ posts]

ill let him know about that.
Anybody know about the other questions about small claims proceedings after a verdict is rendered?

It is a mere judgment. Courts can't make one pay. You would need a lawyer at that point and proceed for contempt and it will end up not being worth it.

 

[IamDeMan 5,000+ posts]

cool, so it basically works like any other lien. Very cool, didnt even know they had that, but i guess it makes sense.

If it is doable in his scenario then it is his best bet for any reimbursement.

 

[IamDeMan 5,000+ posts]

http://en.wikipedia.org/wiki/Mechanic's_lien