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verbal agreement

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xenacats70

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I sold my friend my truck under verbal agreement. I was going to keep the title
and insurance on the vehicle but decided since she had a sm. child that it was
better if they kept the insurance in case something happened like an accident with
the truck so it wouldn't be a hit on my insurance. So I signed the title over to her.
She has paid me 600 of the 4500 she owes me and now is planning on moving out
of state to avoid paying me all together. I do have a few emails. She says things like
there is a payment here that she just needs stamps.

Do I have a good shot at winning in sm. claims if I have some emails that we are
chatting about the truck and payment etc. and she never disputes the amount
she owes? Under the fact that we had a verbal agreement.
All I really want is for her to just sign the title back to me and hand over the truck.
Do I have a chance??? or am I out of luck all together because I signed the title? She even was the one to fill in the rest of the title so I am not even sure if she actually put it in her name.
 
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quincy

Senior Member
"Verbal" means either the written or spoken use of words. What you, apparently, had was an oral agreement with this woman - spoken only.

If you signed the title of the truck over to her, it is now her truck. While it might be nice to think she will sign the vehicle title back over to you, only you know how realistic this hope may be.

You can attempt, certainly, to show in court that there was an oral agreement between you - that she pay you a total of $4500 for the truck. The $600 worth of payments made already indicate that she knew she was purchasing the vehicle from you and that it was not merely a gift.

However, you will certainly have difficulties showing she owes you a total of $4500 and that the $600 alone was not the agreed upon amount if she disputes either of those figures - especially since you signed the vehicle over to her after this $600 amount was collected.

If she doesn't dispute the $4500 amount, and admits to only paying you $600, then you may not have problems getting a judgment against her for the amounts owing on the vehicle. Collecting on this judgment, though, could prove as difficult as it has been to collect on payments currently - although a judgment would allow you to attach her assets or garnishee her wages.

So, to answer your question, yes, you have a chance. Not sure how good of one, though.
 
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