• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

how can I get my money

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

blmcfarren

Guest
I sold a tractor trailer to a "friend" for $13000.00 with only a verbal contract he would make monthly payments and gave him the title. He paid $5000.00 and hasn't paid any more. I have a taped conversation of him saying he owes me and plans to pay me. Will this stand up in court as proof he owes me the money if he denies it. He always paid the payments to me in cash . What court do I have to go to to get my $8000.00 or do I even have a leg to stand on. I want my money or the truck back. I don't just want a judgement against him. What do I do. Thanks
 


racer72

Senior Member
You will have to sue in a superior court. Being as neither of you has a contract to fall back on, it will be your word against his. And because you gave him the title, you don't have any authority to repossess the vehicle. The tape recording may be enough the sway a judge unless it is not allowed as evidence. If you made the recording without the other persons knowledge, you may not be able to use it. You should buy an hour of a local attorneys time in this matter.
 

fiestyjewels

Junior Member
taped convos

when I was getting my divorce, my atty told me to tape the conversations with my now ex. I had then told him that I thought that taped convos were not submissable in court without both parties knowing about it. he stated that the laws haved changed and that as long as one of the parties knows about it then it is submissable, as long as both parties are both adults and not minors. like the convos that he had with my son I couldn't tape and take that to court with me. but the ones we had I could. so you might want to check into that.
 

JETX

Senior Member
You need to try to improve your position in this verbal agreement.

Send the buyer/debtor a certified RRR letter. In it, detail your purchase agreement and the payments that he has made, including the amount and date of each payment "in cash" if possible. Then, have a paragraph where you ask for payment of the unpaid balance on the loan. Close with something tot the effect of, "If you disagree with this loan or the payments that I show, please write me within seven days so that I can correct my records."

If he responds in writing, you will have your confirmation of the loan. If he fails to respond, you can show the proof of delivery and your copy of the letter. The judge might consider the buyer/debtors failure to respond as an acceptance of your 'memory'.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top