QUESTION
For breech in contract can I sue my friend in small claims court and what can I recoup?
Asked on Jan 18th, 2013 on Bankruptcy - Florida
More details to this question:
I purchased a car from a friend. We have a contract, which states the I would take over her payment from the bank starting February 2012 and my final payment December 2012, at which time the car tag and title would be transferred to my name. My friend advised me in December that the car has about 8 months left to be paid off and wants me to continue making the payments in order to have the car transferred to my name. I did not make December's payment after this information was disclosed to me. I would like to know if I can sue her in small claims court and what can I recoup. I.e. can in recoup the payments made from Feb. to November. Also do I need her address in order to sue her and is she obligated to provide me with her address; as she has moved out of state and I do not have her current address and she is refusing to provide it.
6 ANSWERS
Michael J. Breczinski
You can sue her in court for breach of contract but you will have to find out an address to serve her with papers.
Answered on Jan 28th, 2013 at 11:08 PM
Ronald A. Steinberg
Your claim is based on the terms of the contract. If she breached the written agreement, you can sue.
Answered on Jan 23rd, 2013 at 5:12 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Typically, small claims court rules require the defendant lives in the same county as the plaintiff(you) so small claims might not be available. Justice Court would be where you file. Remember, you have to serve(notify by delivering lawsuit papers) the defendant in the other state. If she defaults you can get a judgment and try to collect. If it is less than $1000, don't bother. Even if it is more, you may never actually get the money collected and if she takes a bankruptcy, your judgment would be likely erased.
Answered on Jan 23rd, 2013 at 10:45 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have several problems. In small claims court you must sue in the county where she lives, so that is out. You can recover whatever you prove your loss to be. Actual dollar damages. I don't know what that is
Answered on Jan 23rd, 2013 at 10:44 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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One important fact you have omitted: do you have possession of the car? If you do, then you have no grounds for a suit. You failed to perform "due diligence". You could have required your (ex)friend to show you the car payment documentation, but since you didn't, you assumed the risk that she wasn't being truthful. So, if you have possession of the car, keep it until it is repo'd. The bank will sell the car for a pittance and sue her for the shortfall. On the other hand, if she still has the car, you can sue her for unjust enrichment. If that is how you proceed, you will absolutely need her address, it would be impossible to proceed without it. There are ways to track someone down, or you can hire a "skip tracer" or private detective to do it for you.
Answered on Jan 23rd, 2013 at 10:44 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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So long as the damages do not exceed $5,000, you can sue for breach of contract in small claims court.
Answered on Jan 23rd, 2013 at 10:42 AM