Can I file a in small claims court

[basslady13]

What is the name of your state (only U.S. law)? AR

My husband was in a business (farming) deal with a man. Things went wrong and they parted way. The man paid my husband for his cattle and they signed paper worked everything was completed nothing outstanding. During the years he worked with the man my husband purchased a truck from the man. He paid 3 payments the third payment was paid infull. My husband never filed the payoff on the title. The title still shows the man has a lein. We went to see the man today and he said I know you paid for the truck but since you pulled your posion licence on the farm I will not sign the title to show the lien has been satified. My husband can not find the receipt. Just wondering if we can file a claim in small claims court We are wanting the title free and clear.

thanks

 

[sandyclaus]

What is the name of your state (only U.S. law)? AR

My husband was in a business (farming) deal with a man. Things went wrong and they parted way. The man paid my husband for his cattle and they signed paper worked everything was completed nothing outstanding. During the years he worked with the man my husband purchased a truck from the man. He paid 3 payments the third payment was paid infull. My husband never filed the payoff on the title. The title still shows the man has a lein. We went to see the man today and he said I know you paid for the truck but since you pulled your posion licence on the farm I will not sign the title to show the lien has been satified. My husband can not find the receipt. Just wondering if we can file a claim in small claims court We are wanting the title free and clear.

thanks

The problem with your thinking is that if your husband cannot prove that the truck is paid in full with receipts or other evidence, then a judge won't do it for you either.

Sure, the man SAID that the reason he refuses to release the lien is because of something else your husband did, totally unrelated to the sale of the truck. The man would be foolish to admit this in court, because that would be extortion. More likely, since he probably knows your husband can't produce the receipt for payments, he will just say he never received them. Sure, YOU and your husband know this is a lie, but it might just convince the judge, and then you will have wasted your time in trying to file your case.

Best thing to do is have your husband FIND THOSE RECEIPTS, and then proceed accordingly. At this point, without that proof, there is nothing that you can do.

 

[basslady13]

Small claims court

My husband has witnesses that saw the transaction where he actually paid the money. The mans secretary told us today she had their copy of the payoff. If we can get the copy or call her as a witness would this hold up? If so what would be the limit as to what we can sue for? In small claims court?

Thanks

 

[basslady13]

Other proof

In the settlement for between the two there is a sentence that states There are no other bills or transactions outstanding. Would this be proof?