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Will I win in this small claims court case?
i was going to buy a car from my friend and make monthly payments on it. nothing we did was in writing. he said i didnt have to start making payments until around the end of december/beginning of january.my first payment would be $600. around mid december he asked me if i would be able to make the payment and i said no. so he told me to drop the car off at his house so i did. then he still wants me to pay him $600. now i have to go to small claims court. will he win. in my eyes he took the car back before our agreement of when i had to pay.i was driving the car for around a month and a half to almost 2 months.but during the time i was driving it he didnt say i had to pay only that my first payment would be end of dec.to beginning of jan.
why would he win & why would i win? depending on which one of us you think will win?
He told me not to pay him.. he said to put money into fixing what needed to be fixed on the car then my payments wouldnt start until end of december. what im saying is he told me i didnt have to pay until end of december.
4 Answers
- LibraryannaLv 71 decade agoFavorite Answer
So you think you should have FREE use of the car? You will lose because you had possession of the car and chose not to make payments on it. He had no use of the car and could not sell it during that time.
If you figure a rental for that time period, at least $15 a day, for two months, it would be $900. So you are getting off easy.
Next time, don't buy something you can't afford.
Pay what you owe and avoid having a judgment on your record.
Source(s): Retired lawyer. - scott bLv 71 decade ago
Which is why you ALWAYS get an agreement in writing. The problem you are going to have is that you've been driving the car for 2 months. And, you don't deserve to have done that for FREE. Which is probably how a judge is going to rule.
- Anonymous1 decade ago
Take the 5th amendment in court and don't say a word. If he doesn't have any proof that you agreed to this then he has no case against you. No judge will award him anything without your signature on a piece of paper stating that you agreed to this.
Taking the 5th will prevent you from having to tell any lies.
