Legal Question in Credit and Debt Law in Florida

Money Loan

I loaned a friend $7,500, TO BUY A BOAT IN JAN. 07. She wrote a contract, saying I would get 500 a month on principal + 200 a month interest till july. They stopped in july, They were good friends and had bad luck, so I said something nov 1st about it, They threw then title of boat at me. Saying i own it. They never changed it into their name. She wrote the contract, But didn't sign it. Now says i don't have a legal right to anything because she did not sign the contract. Help do i need to call a lawyer or go for small claims?


Asked on 11/15/07, 7:31 pm

2 Answers from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Money Loan

You can sue on the partially performed agreement. However, if you are owed more than $5,000 you need to file in county court and should probably use an attorney. If you would like to consult with me, please call my office.

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Answered on 11/16/07, 2:46 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Money Loan

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can legally take the case to court yourself, but small claims is only for cases of $5,000.00 or less. If a greater amount is sought which is probably the case with past due interest, then the suit would have to be filed in county court.

You can sue on the unsigned agreement based on partial performance. Frankly, it does get complicated and you would be much better with an experienced attorner representing you. You got into this mess by trying to do this alone. It is time to have a professional's help on your side.

Scott R. Jay, Esq.

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Answered on 11/15/07, 10:17 pm


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