How can I go after a friend that did not pay the full amount for a car that I sold her? 7 Answers as of April 01, 2013

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!

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Michael Breczinski
Michael Breczinski | Michael Breczinski
You should be able to sue her in small claims court.
Answer Applies to: Michigan
Replied: 4/1/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
This is a question for the civil forum, not criminal law forum. I would suggest that you file a suit against her in the court of small claims. Small claims can be handled without an attorney, and you will get a judgment against her if you win the law suit. However, collecting on a judgment can be more difficult to accomplish. You should have your witnesses ready to testify when the matter is set for a hearing.
Answer Applies to: Illinois
Replied: 4/1/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
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.
Answer Applies to: Washington
Replied: 3/31/2013
Randy M. Lish, Attorney at Law | Randy M. Lish
Go to small claims court.
Answer Applies to: Utah
Replied: 3/31/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Go to small claims court.
Answer Applies to: California
Replied: 3/31/2013
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