QUESTION
Awhile back I let a friend borrow my couch because I didn''t have room to put it in my house and she needed one but didn''t have the money to buy one.
Asked on Aug 14th, 2012 on Civil Litigation - Oregon
More details to this question:
She has had the couch now for 3 years and late in 2011 she decided to dissolve our friendship and keep the couch. She is claiming that I gave her the couch, which is not true and she refuses to give it back. I have already filed a small claim, but my question is would a sworn statement from a previous roommate be admissible in small claims as proof that it was only on loan until I wanted the couch back? Another question, I still have the original receipt, bill of sale ,the ottoman that went with the couch and I am still friends with the person who sold me the couch...would any of those items help my case to prove ownership since I never wrote up any documents of sale and there is no proof i gave the couch to the current holder of my property?
1 ANSWER
Generally, out of court statements, whether written or oral, are not admissible as evidence that they are true. There are numerous exceptions, but I can think of none that would apply to the scenario that you mention. That being said, however, the procedure in small claims court is often less formal than in other courts, and the statement from your friend might well be admitted into evidence in small claims.
Answered on Aug 14th, 2012 at 4:59 PM