QUESTION
How can I go after a friend that did not pay the full amount for a car that I sold her?
Asked on Mar 28th, 2013 on Criminal Law - Wisconsin
More details to this question:
In 2010, I sold my car to a friend that I worked with in Kansas. She stated that she could not afford the whole amount and said that she could make payments of $250 each month. Being that I trusted her, I agreed. She paid me $200 the first month and $60 the next month. Then she stopped making payments stating that she was having a difficult time. From then on, I tried contacting her every week. She always got mad at me for asking about the payments. She still owes me $1240. The agreement was for $1500. My mistake was that I did not have her sign anything to show that she was to make payments. The only thing I have are a few witnesses. Is there anything I can do to get my money back? Thank you!
5 ANSWERS
Michael J. Breczinski
You should be able to sue her in small claims court.
Answered on Apr 01st, 2013 at 7:48 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I assume that you transferred title of the car to this person before she paid for it. Unfortunately that takes away the leverage you might have so you cant repossess the car. Since there is nothing in writing, you have an oral contract. The statute of limitations to enforce an oral contract is 3 years, so depending upon when you "sold" the car in 2010, the Statute of Limitations may have run. If so, you have lost your ability to collect on the debt. If not, then you need to get a law suit filed before the Statute of Limitations does run. Before you waste your time and energy, you need to ask yourself, even if you get a judgment, is it collectible or is this person a deadbeat. Unfortunately, it may be a waste of time and a lesson learned.
Answered on Mar 31st, 2013 at 11:58 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Go to small claims court.
Answered on Mar 31st, 2013 at 9:24 PM
Go to small claims court.
Answered on Mar 31st, 2013 at 9:05 PM
Bankruptcy & Debt Attorney serving Brookfield, WI
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Elmbrook Law Offices, LLC
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Yes.
Answered on Mar 31st, 2013 at 9:02 PM