Legal Question in Civil Litigation in Florida
Money lent for purchase a used car from a dealer to a friend who says purchase was a gift. Refuses to pay. How can I collect the debt. I do not have any documents except I paid with my credit cards to the car dealer? THE SALESMAN TELEPHONED AND TOLD MY FRIEND WHO WANTED TO BUY A CAR THAT I WAS PAYING FOR IT AND SHE DID NOT HAVE TO PAY.I was lending the money to my friend.
the dealer was to put my name on the title which he did not do. He telephoned my friend on his own without my knowledge or approval. thereby fooling both of us. He now does not work for the dealer and they will not give me any information on his whereabouts or his phone number. Who should I be suing?
2 Answers from Attorneys
How many times are you going to ask this question? It gets less clear each time you ask it. My colleague and I already answered you here, and I already answered your email to me -- twice.
I can stop at the first sentence and know the answer. Let me tell you what is important: you lent money to a friend, and you have no documentation that it was a loan, and your friend won't pay you back. Stop right there. What the salesman said doesn't matter.
You sue your "friend" in small claims court for the value of the loan. The judge will have to consider who is more credible and any evidence at all that you can present, in the absence of any documentation. In court, if your friend says "well, the salesman told me...", it's not evidence because it's hearsay, and it's not admissible in court.
The salesman doesn't owe you a dime, so I don't know why you would sue him.
Your lawsuit would be against your friend. You did not put your agreement in writing, and you make no mention of any proof or even conversation you had with her to show that she understood her obligation to you. Putting the agreement with your friend in writing was your responsibility, not the salesman's. Therefore, it will be your word against your friends, and the judge will decide. Go to your local court's website for information on how to file the suit yourself. Regards,
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