small claim for auto

[smallfrie_96]

help please. my sister got a car from her x (boyfriend at the time). he purchased it and gave it to her. on the title it states the previous owner selling the car for $1 and my sister signing it. his name isnt on the title. after she decided to leave him, he decided he wanted money for the car. she never paid him. finally, he got to her and she said come get the car. while he was on his way, she changed her mind. he came and she said she was keeping it so he got mad and yelled, pushed her, and stole the car. well, he got arrested for only disorderly conduct. now he is suing my sister for money for the car (even though there wasnt a contract or him on the title) and money for mental anxiety. does he have a case at all or is she really in for it. she has no money and supports 3 kids on her own. help please!!

 

[lawrat]

The burden is on him to prove it WAS NOT a gift.

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[JETX]

He will claim that the money for the car was a loan, she will claim it was a gift. The burden is on him to prove that his version (loan) was correct.

Does he have ANYTHING to support his claim (loan)???
Does your sister have ANYTHING to support her claim (gift)??

How was payment made?? Was it cash?? If so and there are no other documents to challenge the $1.00 paid, she could certainly make an argument that he set the 'market value' at that amount. Then, without any admission of liability, she could make an offer to the court to pay him that amount in full settlement. Then watch him go crazy trying to argue out of the value that he set himself (and declared on the sales papers)!!