Legal Question in Civil Litigation in California
Breach of Contract, didn't pay for the Truck, left in front of my house all tore
My sisters boyfriend came to me asking if I would sell my Toyota 4x4? I agreed. A contract was sighned. Payments to be paid at $100.00 a week for 16 weeks. At the time I didn't know that I was selling the truck for for way too less. Blue Book was twice the amount. 12 weeks went by and I had only recieved $600.00. I was told he had blew a timing chain in that time. Two weeks ago, He brings the truck back and says he can't pay for it. He managed to put just under 2600 miles on it, a row of dents down the side, fried wires under the hood, bolts broke on the engine some weren't even tightened in all the way, part of my smog system is missing. When I started it only(the truck hasn't moved a inch since he parked it), it was ovious that there is some thing major wrong with the mufflers. It was filthy and sits with 2 flat tires......Can I take him to court?
3 Answers from Attorneys
Re: Breach of Contract, didn't pay for the Truck, left in front of my house all
Absolutely.
Re: Breach of Contract, didn't pay for the Truck, left in front of my house all
Thanks for your question. Of course you can.
This case has "Judge Judy" written all over it.
Re: Breach of Contract, didn't pay for the Truck, left in front of my house all
You certainly can take him to court. Document all of the damage, contact as many witnesses as you can who have personal knowledge of your dealings with him and how the entire relationship/transaction unfolded, and then go into small claims court. Generally speaking, you have two possible approaches to the lawsuit: (1) breach of contract, seeking to recover monies owed to you ($1,000) plus costs for bringing the lawsuit; (2) monies for the damage caused and costs for bringing the lawsuit. Your best bet is probably to sue for breach of contract and take the position that the truck is not yours, you do not want it, and what you want are the monies owed to you. If you choose this route, you should simply leave the truck alone and not conduct yourself in a manner that makes it seem as if you have accepted the truck back and have taken possession of it as your own. Good luck.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com
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