Legal Question in Civil Litigation in California
An ex friend has broke a contract
last december I sold a car to a a friend. He did not have a lot of money at the time and he needed a car, so I agreed to a payment plan. We made up a small contract, which we both signed. Later that night he gave me 10% of the price and I gave him the keys to the truck. Before the year was out he received two tickets on the onthe truch, which I paid for ( because the truck was still under my name at the DMV) and he said he would pay me back with the monthly payment. He then made another payment that didnot included the tickets and then after that, he stopped making payments all together. I have tried to contact him several different times and he would not return my calls. How do I get my money?
2 Answers from Attorneys
Re: An ex friend has broke a contract
You need to bring suit against him. Assuming the amount you are out of pocket in terms of the unpaid purchase price of the auto and the two tickets is under $5,000.00, bring a small claims action against him.
Re: An ex friend has broke a contract
If you have not already filed a notice of to ansfer with the DMV you should do so immediately. If the title to the truck is still in your name you could be liable for damages caused by the buyer while driving the truck.
A notice of transfer form for the DMV can be obtained they DMV website.
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