Legal Question in Consumer Law in Florida

I purchased a car from a friend. We have a contract which states the I would take over her payment from the bank starting Feb. 2012 and my final payment Dec. 2012, at which time the car tag and title would be transferred to my name. My friend advised me in Dec. that the car has about 8 months left to be paid off and wants me to continue making the payments in order to have the car transferred to my name. I did not make December's payment after this information was disclosed to me. I would like to know if I can sue her in small claims court and what can I recoup. I.e. can in recoup the payments made from Feb. to Nov.


Asked on 1/14/13, 2:17 pm

1 Answer from Attorneys
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

You can sue her, but how much you are awarded, in a money judgment, (not cash in hand), would probably be reduced if you were using the car during the payment, as she could claim wear and tear on the car, and rental value, for the time you used the car. You also could not sue for specific performance if she still owes a third party lender for the car. Your best bet would be to come to some further arrangement to get the car paid off, as even if you were awarded a money judgment, collections on that judgment through garnishment or levy can cost more than the judgment is valued at.

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Answered on 1/17/13, 7:56 am


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