More details to this question:
We gave a 2006 Aveo to my friend but signed the title with a lien, so it was returned to us. We had some severe damage done to out home and no longer have the paperwork, only the title with the lien. I didn't pay us on the vehicle for quite a while but did keep in contact. They ran into some unforeseen issues, which we can completely understand, so we agreed to take a low payment of $50.00 per month until they could get on their feet. We received those payments for a while but then none. As a tattoo artist we agreed to let him credit some work towards the car, but that didn't happen either. We then found out he had taken out a small loan and used it for other things. He had damaged the car to the point where it will need thousands in work done, and refuses to repair it or pay us for the car. It has been over two years. Can we sue for repair costs or cost of the vehicle?
1 ANSWER
The fact that you no longer have the paperwork doesn't mean you don't have a contract, it just makes it harder to prove the contract, but it appears that you have plenty of other evidence to prove the existence of the contract. Contracts for the sale of goods over $500 normally have to bein writing, but you had a writing, so you should be able to overcome that hurdle. There may be some dispute over the amount still owed, but the original paperwork wouldn't help you with that anyway. A lien would certainly be strong evidence that your friend owed you money for the car. I'm not sure you would have any claim to repair costs, but you certainly can sue for the amount your friend still owes. After you get a judgment, you may be able to have the car in order to get the judgment fully or partially paid.
Answered on Feb 20th, 2014 at 1:02 PM