Legal Question in Civil Litigation in Florida

How to get money back w/o a receipt

I purchased a motorcycle in 2006 for my son's father for $5400 because he was unable to get financed. I gave him the cash in hand without a note or anything just a verbal that he was thankful and would pay me back. I have asked him on numerous occasions when he would start by phone and text but he blows it off. I allowed him to get the title in his name so now it seems as if he bought the bike himself. I sent a certified letter requesting to setup payment plan before I have a legal rep step in. Do I have rights and will my case stand a chance in small claims court.


Asked on 9/15/08, 10:10 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: How to get money back w/o a receipt

You can absolutely try to recover your loan. Depending on additional facts, there may even be someone here on the forum who will take the case on a contingency basis. However, based on what you have posted I think you will have a difficult time recovering.

For instance: It will be your word against his; If you were in a relationship with him at the time it could look like a gift (happens all the time); It appears that you made no effort to recover the money until after a long period of time passed (you are probably no longer in a relationship with him, right?); No witnesses that you mention; no actions on his part to acknowledge that the money was a loan not a gift; no actions on your part to ensure that the money was treated as a loan and not a gift.

Finally, the amount you are wanting to recover is more than $5,000 and would be outside the jurisdiction of the Small Claims court. You will need to bring any lawsuit in County Court where things are more formal and more costly to you if you lose.

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Answered on 9/15/08, 10:35 am


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