civil litigation

[Tomas54321]

Hi. I live in south Florida. A family member gave me a car back in 2016. I paid him $5000 cash and did lots of mechanical work on his other vehicles in payment for the car. At the time he titled the car over to me he was well off financially however he has fallen on hard times and has now decided to sue me for $25k that he says he put into the car he gave me and I am refusing to pay it. My contention is that we are EVEN and I owe him nothing because of the 5k I paid him and all the work I did on his other cars. He has receipts for all the parts he bought and put into the car he sold me. I have no receipts or invoices for the work I did on his cars because he is a family member and I did not see the need for paperwork documentation. Can he sue me for the $25k and win? Thank you.

 

[adjusterjack]

Yes, he can sue you. Anybody can sue anybody for anything. I'm guessing you mean can he sue you and win. Almost certainly not.

He's probably blowing hot air so I suggest you cut off all communications with him. The more you talk the more trouble you get.

If he sues you, you defend.

 

[LdiJ]

Hi. I live in south Florida. A family member gave me a car back in 2016. I paid him $5000 cash and did lots of mechanical work on his other vehicles in payment for the car. At the time he titled the car over to me he was well off financially however he has fallen on hard times and has now decided to sue me for $25k that he says he put into the car he gave me and I am refusing to pay it. My contention is that we are EVEN and I owe him nothing because of the 5k I paid him and all the work I did on his other cars. He has receipts for all the parts he bought and put into the car he sold me. I have no receipts or invoices for the work I did on his cars because he is a family member and I did not see the need for paperwork documentation. Can he sue me for the $25k and win? Thank you.

His receipts are meaningless. He signed the car over to you, its titled in your name and is your property.

 

[Tomas54321]

Thank you for the advice. He has now filed a civil suit against me. At the time he gave me the Title to the car it was an Open Title. He never Titled or Registered the car in Florida. I actually had to contact the previous owner and obtain a Bill of Sale in my name. Technically speaking, he never actually owned the car. Does not that fact alone hurt his chances of winning in civil court? Also, I believe he is about to file for bankruptcy. How does that change his law suit against me? Thank you.

 

[Taxing Matters]

The open title is not helpful to him, but I don't see it significantly changing the facts much to help you either. As for bankruptcy, the effect on the lawsuit depends what chapter of bankruptcy he files and other details of his bankruptcy. Generally, though, his claim against you would be an asset of the bankrupt estate. The bankruptcy would not end the lawsuit.

 

[Zigner]

Is he suing you in small claims court?

 

[Tomas54321]

South Florida Civil Circuit Court because he wants 25k

 

[Zigner]

South Florida Civil Circuit Court because he wants 25k

Does he have an attorney?

 

[Tomas54321]

Yes he does.

 

[Zigner]

Then I would suggest that you also consult with an attorney.

 

[Tomas54321]

Thank you.