Legal Question in Civil Litigation in California

hello george u gave me some great advice on my workers comp case thank you.now i hired a friend to do some home remodle,verbal contract between freinds i was to take care of him until he got his disability since he just got out of prison.so he started many projects and i gave him around 1500 dollars.then he wanted me to buy him a trailer wich i did and put in his name.now the job is not finished and he quit,and wants the trailer that he did not work for.what can i do?and can i win in small claims?thank you for your time. randall kentner


Asked on 9/11/11, 9:37 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I am happy that my prior advice was helpful.

You are not in a very good position with this former friend. As a practical matter it seems that he has no assets except for the trailer so you are not going to be able to collect anything from him except at most the trailer, which you claim he does not own anyway. Since he was waiting to collect disability benefits which probably were on the basis of not being able to do the work you hired him to do, he will likely bring that up to try to discredit your Small Claims suit [you can only recover money and not title to or the trailer unless you sue in Superior Court and he will probably sell the trailer before you can get a judgment there as that will take 3-4 months at least]. He will argue that the trailer was a gift as why else would you put it into his name. In any suit, it will be his word against yours; if he was in prison for a felony that involved going against normal moral standards [lying, stealing, etc.] you can raise that to attack his credibility but many people who have just gotten got of jail have developed their skills at being dishonest. It probably is best to just get him out of your hair and mark the money off as being a somewhat cheap lesson in life.

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Answered on 9/13/11, 11:19 am


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