john souza
Junior Member
What is the name of your state (only U.S. law)? New York.
Here is my dilemma: I had a friend for whom I did many favors, like small repairs on his cars, painting his house and many others without ever asking for compensation of any kind. After all what are friends for, right. One day my friend decided to give me his somewhat broke old car, as a “token of his appreciation” for all I used to do to help him. A few months after that, with his permission, I made a $600.00 purchase using his Home Depot card. The "verbal" agreement was that I would pay him back for that, which I did “in cash” 2 months later. About one year after that our friendship ended in bad terms. A few months passed until I received a letter from a New York State Small Claims Court in which my old bitter friend is suing me for the car that was a gift to me, and the Home Depot purchase, which I already paid in cash, but I never got a receipt showing I paid him back.
Question one: On his claim against me for the car I got from him as a gift, can he prove his case since we do not have any written agreement or contract signed by me in which shows he sold me the car and that I agreed to pay for it ?. I never did because it was, as he said, a gift from a good friend.
Question two: Like the car, does he have any ground to stand on in Court regarding the Home Depot purchase? It was done by me using his card, with his permission. We had no written agreement on that as well. And as I stated above I paid back in cash.
I remember a similar case in a New York Court in which the case was dismissed because the plaintiff did not have a written agreement from the defendant stating he would pay back for money that in reality was not owned.
Does any one by any chance would now that Law article?
How can I effectively defend myself in Court against my Good Old Friend?
Many thanks for the help.
Here is my dilemma: I had a friend for whom I did many favors, like small repairs on his cars, painting his house and many others without ever asking for compensation of any kind. After all what are friends for, right. One day my friend decided to give me his somewhat broke old car, as a “token of his appreciation” for all I used to do to help him. A few months after that, with his permission, I made a $600.00 purchase using his Home Depot card. The "verbal" agreement was that I would pay him back for that, which I did “in cash” 2 months later. About one year after that our friendship ended in bad terms. A few months passed until I received a letter from a New York State Small Claims Court in which my old bitter friend is suing me for the car that was a gift to me, and the Home Depot purchase, which I already paid in cash, but I never got a receipt showing I paid him back.
Question one: On his claim against me for the car I got from him as a gift, can he prove his case since we do not have any written agreement or contract signed by me in which shows he sold me the car and that I agreed to pay for it ?. I never did because it was, as he said, a gift from a good friend.
Question two: Like the car, does he have any ground to stand on in Court regarding the Home Depot purchase? It was done by me using his card, with his permission. We had no written agreement on that as well. And as I stated above I paid back in cash.
I remember a similar case in a New York Court in which the case was dismissed because the plaintiff did not have a written agreement from the defendant stating he would pay back for money that in reality was not owned.
Does any one by any chance would now that Law article?
How can I effectively defend myself in Court against my Good Old Friend?
Many thanks for the help.
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